PRACTICAL  FORMS 


m  t  of 

WRITS,  PROCESSES,  &c. 

SELECTED'  FROM  THE  MOST  APPROVED  PRECEDENTS  AN® 
ADAPTED  TO  THE  LAWS  OF  THE 

STATE  OF  ILLINOIS 

NOW  IN  FORCE; 

And  with  little  variation,  will  apply  to  those  of  the  neighboring 

States  and  Territories, 

*  WITH  EXPLANATORY  NOTES  AND  REFERENCES, 
INTENDED  FOR  THE  USE  OF  ■ 

JUDGES  OF  PROBATE,  CLERKS  OF  COURTS, 
SHERIFFS,  CORONERS,  COUNTY  COMMIS-  j 
SIGNERS,  JUSTICES  OF  THE  PEACE, 

CONSTABLES,  NOTARIES  PUB-  ..  J 

LIC,  &c.  &c.  ! 

And  which  will  be  essentially  useful  to  Gentlemen  of  the 
Bar  and  Private  Citizens  : 

TOGETHER  WITH  A  VARIETY  OF  USEFUL  PRECEDENTS 

IN  CONVEYANCING; 

SUCH  AS 

DEEDS  FOR  LAND,  DEEDS  OF  TRUST,  MORTGA 
GES,  LEASES  BILLS  OF  SALE,  POWERS 
OF  ATTORNEY,  &c. 

TO  WHICH  IS  ADDED 

AN  APPENDIX, 

Comprising  the  duties  of  a  Justice  cl  the  Peace,  arising 
anderthe  Laws  of  the  Unii'ed  States  ; 


THE  MINING  REGULATIONS; 

With  Forms  of  Proceedings  in  Cases  of  Naturalization * 
Military  Pensions ,  Fugitives  from  Justice,  fyc. 


JONES 

XL) 

GALENA: 

PRINTED  AND  PUBLISHED  BY 

1830. 


Unitdd  States  ot  America,  J 

District  of  Illinois.  \  sc  * 

Be  it  remembered,  that  on  this  twentieth  day  of  August,  in 
the  fifty-fifth  year  of  the  independence  of  the  United  States, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty, 
James  Jones, of  said  district,  hath  deposited  in  this  otfice  the 
title  of  a  book',  the  right  whereof  he  claims  as  author,  in  the 
following  words: — 

i  •“  Practical  forms  of  writs,  processes,  & c.  selected  from  the 
Imost  approved  precedents,  and  adapted  to  the  laws  of  the  state 
|)f  Illinois,  nowin  force,  and  with  little  variatioi^Wjii}. apply  to 
n.ho5C  of  the  neighboring  stages  and  territories,  witnexplana- 
tory  notes  and  references,  intended  for  the  use  of  judges  of 
probate,  clerks  of  courts,  sheriffs,  coroners,  county  commis¬ 
sioners,  justices  of  the  peace,  constables,  rotaries  public,  &c. 
kc.  and  which  will  be  essentially  useful  to  gentlemen  of  the 
bar,  and  private  citizens;  together  v/ith  a  variety  of  useful 
precedents  in  conveyancing  ;  such  as  deeds  for  land,  deeds  of 
trust,  mortgages,  leases,  bills  of  sale,  powers  of  attorney,  &c. 
to  which  is  added  an  appendix,  comprising  the  duties  of  a  jus¬ 
tice  of  the  peace,  arising  under  the  laws  of  the  United  States; 
the  mining  regulations  ;  with  forms  of  proceedings  in  cases  of 
naturalization,  military  pensions,  fugitives  from  justice,  &c. 
by  James  Jones,  Galena.’' 

In  conformity  to  the  act  of  congress  of  the  United  States, 
entitled  “  An  act,  for  the  encouragement  of  learning,  by  se¬ 
curing  the  copies  of  maps,  charts  and  books,  to  the  authors  and 
proprietors  of  such  copies,  during  toe  times  therein  mention¬ 
ed”'- -and  also  to  the  ;‘ct  entitled  “  An  act,  supplementary  to 
the  act,  entitled  *  An  act*  for  the  encouragement  of  learning 
by  securing  the  copies  of  maps,  charts  and  books,  to  the  au¬ 
thors  and  proprietors  of  such  copies,  during  the  times  therein 
mentioned,”  and  extending  the  benefits  thereof  to  the  arts  of 
drawing,  engraving  and  etching  nistoric&i  ar.d  c.-er  prints. 

W.  H.  BROWN, 

Clerk  of  the  District  of  Illinois , 


j  55^1  T 


T7Jgp 


Next  to  a  goad  code  of  laws,  founded  on  the  princi* 
pies  of  equity  and  justice,  no  object  is  more  important 
in  society,  than  that,  they  should  he  well  understood, 
and  uniformly  administered,  by  those  who  are  entrust* 
with  their  execution.  The  laws  themselves,  although 
containing  the  most  excellent  rules  for  the  regulation 
of  our  conduct,  will  afford  but  little  security  against 
those  abuses  of  power,  which  are  common  in  all  corin' 
tries,  and  to  prevent  which  they  were  enacted,  unless 
that  necessary  understanding  of  their  meaning  and  ap¬ 
plication,  is  communicated  to  our  public  officers,  to  en¬ 
able  them  to  act  in  accordance  with  their  intendment. 
And  how  can  we  expect  those  wno  are  acting  in  sub¬ 
ordinate  capacities,  the  most  cl  whom  are  plain  far¬ 
mers,  and  pretend  to  nothing  more,  and  wno  irom  ne¬ 
cessity,  are  generally  engaged  in  their  domestic  avoca¬ 
tions,  to  obtain  this"  all  important  information,  unless 
some  system  of  precedents,  adapted  to  our  laws,  in  a 
condensed  and  simplified  form,  is  placed  within  their 
reach?  It  is  true  that  many  books  of  practice  have 
been  published  in  England  and  America,  which  con¬ 
tain  many  precedents  that  are  useful  to- lawyers*  and 
the  judges  and  clerks  of  our  higher  courts  of  judicature ; 
yet  very  few  of  them  are  adapted^  o  our  inferior  tribu¬ 
nals,  and  peculiar  local  regulation,  without  material 
alteration,  which,  in  most  cases,  is  a  work  of  art,  to 
-which  few  can  pretend,  unless  they  be  such  as  have 
made  the  business  of  the  law  their  profession.  It  is  to 
-  remedy  this  difficulty,  in  the  administration  of  our  laws, 
c  ,  that  I  have  been  induced  to  undertake  this  work,  which 
"has  long  been  deemed  a  desideratum  in  our  State,  and 
which  is  now  presented  to,  the  public  in  a  form  as  little 
.exceptionable  as  it  was  possible  with  my  limited  means 
to  make  it.  It  has  been  my  object  to  arrange  each 
form  under  its  appropriate  head,  in  a  plain,  but  sys- 


4 


ADVERTISEMENT. 


tcmatic  manner;  and  to  facilitate  a  proper  understand¬ 
ing  of  their  application,  1  have  subjoined  explanatory 
notes  and  references,  in  all  cases  where  they  have  been 
deemed  necessary.  This  being  the  only  body  of  prac¬ 
tical  forms  as  yet  published  in  our  State,  it  is  hoped 
and  believed,  that  although  they  may  not  be  found  to 
answer  every  purpose  for  which  they  were  intended, 
that  they  will  nevertheless  he  useful;  and  serve  at 
least  as  indexes  to  greater  accuracy,  which  could  not 
be  easily  obtained  without  some  such  assistant.  It  may 
not  be  improper  in  conclusion  to  remark,  that  the  dif¬ 
ficulty  of  procuring  materials  has  been  very  great,  and 
that  no  labor  or  expense  has  been  spared,  to  render  it 
acceptable  to  the  public;  and  had  not  the  publisher 
been  cheered  with  the  prospect  that  his  labors  would, 
in  all  probability,  meet  with  legislative  sanction  and 
patronage,  it  is  most  likely  that  this  work  would  not, 
at  this  time,  have  been  undertaken. 


JAMES  JONES 


Galena,  August  6,  1830 


‘3| 


RULES  OF  PRACTICE 


AND 


FORMS  OF  PROCEEDINGS 


OF  THE 


SUPREME  COURT 


1,  Of  the  admission  of  Attorneys  at  Law*  (S cl  at  is  oj 

1319,  page  9.) 

I,  Form  of  the  cirtificate  of  good  moral  character,  to  be  piO’ 
duced  to  the  Judges  before  granting  the  license. 


linois, >  .  5In  the  Circuit  Court, 

l  sct*  l  Term,  A.  D. 


State  of  Illinois 

County  of  ^ 

This  court  doth  certify,  that  A.  B.  Esq.  who  is  about 

to  apply  for  a  license  to  practise  law  in  this  state,  is  a 
man  of  honesty,  probity  and  good  demeanoi. 

A  copy. 

[L.  S.]  Teste,  C.  D.  Clerk. 

» 

2.  Form  of  the  License. 

State  of  Illinois,  sct. 

Be  it  known  to  all  to  whom  these  presents  shall  come, 
that  A.  B.  Esq.  having  produced  to  us  the  undersigned, 
two  of  the  Justices  of  the  Supreme  Court  of  the  state 
of  Illinois,  a  certificate  from  the  Circuit  Court  ot  the 
county  of  ,  and  state  aforesaid,  of  his  honesty, 

probity  a  ul  good  demeanor;  and  vve  having  examined 
him  touching  his  capacity  and  fitness  to  practise  law, 
and  iiudi  ;g  him  duly  qualified,  do,  by  these  pies- 
•orUs,  authorise  and  license  him  the  said  A.  B.  to  pmc 
•  4* 


6 


FORMS  OF  THE 


tise  law  in  any  of  the  superior  or  inferior  courts  of  this 
state. 


In  testimony  whereof,  we  have  hereunto  set  our 
hands  and  affixed  our  seals,  this  day  of  , 

A.  D.  ,  and  ot  the  independence  of  the  United 
States,  the 

E.  F.  [L.  S.] 

G.  H.  [L.  S.] 


Oath  to  be  taken  by  the  attorney,  and  endorsed  on  his  li¬ 
cense. 


State  of  Illinois,  ) 

County  of  ,  l  scL 

I,  A.  B,,  do  solemnly  swear,  in  the  presence  of  Al¬ 
mighty  God,  that  I  will  support  the  constitution  of  the 
United  States,  and  of  this  state,  and  that  I  will,  in  all 
things,  faithfully  execute  the  duties  of  attorney  and 
counsellor  at  law,  according  to  the  best  of  my  under¬ 
standing  arid  abilities,  so  help  me  God. 


A.  B. 

Subscribed,  and  sworn  to  in  open  court,  this 
of  ,  A.  D. 


C.  D.  Clerk  Court . 


Note. — After  a  license  has  been  granted,  and  the  oath  ta¬ 
ken  and  certified  as  aforesaid,  the  attorney  must  procure  his 
name  to  be  entered  on  the  roll  of  attorneys  in  the  supreme 
court,  previous  to  his  commencing  the  practice. 

2.  Rules  of  practice  in  the  Supreme  Court . 

i 

Motions. 

Rule  1.'  Motions  may  be  made  immediately  after 
the  ciders  oi  the  preceding  day  are  read,  and  the 
opinions  of  the  court  delivered  in;  hut  at  no  other 
tune  ;  unless  in  case  of  necessity,  or  in  relation  to  a 
cause  when  called  in  course. 

Rule  2.  i  hey  are  to  be  made  by  the  attorneys,  in 
tiie  inhering  order:  first,  by  the  Attorney  General^ 
next  by  iha  oldest  practitioner  at  the  bar,  and  so  ^  ' 


SUPREME  COURT. 


the  youngest;  but  no  attorney  to  make  a  second  motion 
until  eacli  has  had  an  opportunity  to  make  his  motion. 

Rule  3.  Affidavits  must  be  made  when  a  motion  is 
bottomed  on  a  matter  of  fact;  which,  according  to  the 
practice  of  the  court,  should  be  sworn  to. 

Supersedeas. 

Rule  4.  No  supersedeas  will  be  granted  unless  a 
transcript  of  the  record  on  which  the  application  is 
made,  be  complete,  and  so  certified  by  the  clerk,  and 
the  necessary  bonds  be  entered  into  according  to  law. 

Rule  5.  When  a  writ  of  error  shall  be  made  a  su¬ 
persedeas,  the  clerk  shall  endorse  on  the  writ  that  it 
shall  be  so  obeyed  accordingly. 

*  W rits  of  Error. 

Rule  6.  Writs  of  error  shall  be  directed  to  the 
clerk,  or  keeper  of  the  records  in  the  county  in  which 
the  judgment  or  order  is  complained  of,  is  entered, 
commanding  him  to  certify  a  transcript  of  the  record 

to  this  court.  . 

Rule  7.  When  a  plaintiff  in  error  shall  file  m  this 

office  a  record  duly  certified  to  be  full  and  complete 
before  a  writ  of  error  issues,  it  shall  not  be  necessary  to 
send  such  writ  to  the  clerk  of  the  inferior  court;  but 
such  w  rit  shall  be  made  out,  and  filed  by  the  clerk  of 
this  court,  with  the  said  record;  which  record  shall  be 
taken  and  considered  as  a  due  return  ro  said  writ. 

Process  on  writ9  of  error. 

Rule  8.  The  process  on  writs  of  error  shall  be  a 
subpoena,  issued  on  the  application  of  the  party  to  the 
elerk,  directed  to  the  sheriff  of  the  proper  county :  os- 
in  case  of  interest,  to  the  coroner,  commanding  him  to 
summon  the  defendant  in  error  to  appear  in  court,  and 
shew  cause,  if  any,  why  the  judgment  or  decree  mem 
BMMHterfiwrit  of  error  should  not  be  reversed. 


FORMS  OF  THE 


Rule  9.  It  the  subpoena  be  not  returned  executed, 
an  alias,  pluries,  &c.  may  issue  without  an  order  of 
court,  on  the  application  of  the  party. 

Rule  10.  When  it  shall  appear  to  the  satisfaction 
oi  tne  court,  that  a  defendant  is  not  an  inhabitant  of 
this  state,  there  snail  be  a  day  fixed  tor  Ids  appearance, 
and  an  order  to  advertise;  which  order  shall  be  adver¬ 
tised  once  a  week  for  ibur  weeks  successively  in  some 
paper  printed  at  the  seat  of  government:  the  last  pub¬ 
lication  snail  be  at  least  four  weeks  before  the  appear¬ 
ance  day.  After  publication  as  aforesaid,  and  affida¬ 
vit  thereof  hied  with  tne  clerk,  the  said  cause  shall 
stand  for  hearing  as  it  the  party  had  been  served  with 
a  subpoena. 

Docketing  suits  for  hearing. 

Rule  11.  The  clerk  shall  set  the  causes  for  trial  in 
the  order  they  come  into  court,  except  the  causes  for 
or  against  the  people,  which  shall  be  set  in  order  at 
the  end  of  the  civil  causes. 


Assignment  of  error. 

Rule  12.  In  writs  of  error  not  operating  as  a  super¬ 
sedeas,  the  plaintiff  shall,  within  eight  days  after  the 
filing  of  the  record,  assign  in  writing,  and  file  with  the 
clerk,  the  particular  error  or  errors,  of  which  he  com¬ 
plains — no  other  error  or  errors  shall  be  alledgedor  en- 
quired  into  by  the  court. 

Rule  13.  If  the  party  fail  to  assign  errors  as  afore¬ 
said,  a  rule  snail  be  given,  and  if  the  errors  be  not  as¬ 
signed  at  the  expiration  of  the  rule,  the  cause  may,  on 
mofion,  he  dismissed. 

Rule  14.  In  all  cases  of  appeals  from  any  court  to 
this  court,  the  appellant  shall  file  in  open  court,  on  or 
before  the  third  day  of  the  term  succeeding  the  appeal, 
if  there  be  thirty  days  between  the  sitting  of  the  Su¬ 
preme  court  a;  d  the  granting  of  (he  appeal, 
the  record;  and  at  the  same  time  assffij 


SUPREME  COURT. 


9 


the  appellee  may,  should  he  think  proper,  enter  his  ap¬ 
pearance,  and  go  to  trial.  Should  there  not  be  thirty 
days,  then  to. file  the  record,  and  assign  eirois  on  the 

first  day  of  the  second  term.  r 

Rule  15.  When  the  court  grants  a  writ  of  error 
with  supersedeas,  at  the  same  time  the  plaintitl  shall 
file  a  copy  of  the  record  and  assign  his  errors,  so  the 
defendant  may  join  in  error,  and  go  to  trial  at  the  same 
term  of  the  court,. 

Rule  1C.  When  a  writ  of  error  is  made  a  superse- 
deas  in  vacation,  the  plaintiff  shall  file  in  open  court, 
on  or  before  the  third  day  of  the  next  term  thereafter, 
if  there  be  thirty  days  between  the  granting  of  said 
writ  and  the  sitting  of  the  court;  if  not,  on  the  first  day 
of  the  succeeding  term,  a  copy  of  the  record  duly  cer¬ 
tified,  and  an  assignment  of  errors,  so  the  delenaani 
may  join  in  error,  and  have  a  trial  at  the  same  court. 

Rehearing. 

Rule  17.  On  a  petition  to  the  court  briefly  stating 
the  grounds  of  rehearing  of  a  cause,  and  the  law  to 
support  it,  signed  by  an  attorney  or  attorneys  of  the 
court,  the  court  may,  when  there  is  reason  for  it,  grant 
a  new  trial,  on  giving  the  prevailing  party  notice,  both 
of  the  motion  for  rehearing,  and  the  time  of  such  new 
trial,  if  eranted. 

Rule  18.  The  counsel  for  the  plaintiff  in  every  writ 

of  error,  and  the  appellant  in  every  appeal,  shall  mr- 
nish  to  each  of  the  Justices  of  this  court,  before  the  ar¬ 
gument  of  every  such  writ  of  error  or  appeal  shall  com¬ 
mence,  an  abstract  or  abridgement  of  such  parts  oi  the 
pleadings  and  proceedings  in  such  case,  as  said  counsel 
shall  deem  necessary  to  a  full  understanding  of  the  er¬ 
rors  relied  on,  for  a  reversal  of  the  judgment  or  decree 
complained  of;  together  with  the  points  intended  10  be 
relied  on  in  the  argument  of  the  cause,  and  the  au¬ 
thorities  intended  to  be  used  in  support  ot  then). 

Rule  19.  It  shall  also  be  the  duty  of  the  counsel 
for  the  plaintiff  in  error  or  appeal,  to  file  in  the  clen,  s 


10 


forms  of  The 


office,  for  the  use  of  the  defendant’s  counsel,  a  copyoi 
s;i‘d  abstract,  or  abridgement,  at  least  one  day  pre¬ 
vious  to  tne  argument,  when  the  cause  is  not  argued 
on  the  first  day  of  the  term:— And  if  the  two  foregoing 
rules  shall  not  be  complied  with,  the  cause  shall  be  ei¬ 
ther  continued  or  dismissed,  at  the  discretion  of  the 
court. 

Rule  20.  The  defendant’s  counsel  shall  be  permit¬ 
ted,  in  case  he  is  not  satisfied  with  the  abstracts  or 
abridgements  by  the  plaintiff’s  counsel,  to  furnish  each 
01  the  Judges  with  such  other  abstracts  as  he  shall 
deem  necessary  to  a  full  understanding  of  the  merits 
of  the  cause:  And  it  shall  also  be  the  duty  of  the  de¬ 
fendant’s  counsel  to  furnish  each  of  the  Justices  of  the 
couit,  at  tiie  commencement  of  the  argument,  with  the 
au mol i ties  he  intends  to  cite  on  the  argument. 

Rule  21.  All  special  motions  shall  be  entered  with 
the  clerk  at  least  one  day  before  the  same  shall  be  ar¬ 
gued;  and  the  counsel  entering  said  motion  shall,  at 
the  said  time,  file  the  reasons  on  which  the  motion  shall 
he  predicated. 

3j  Forra  of  a  writ  of  error,  to  remove  a  record  into  the  Su¬ 
preme  court.  (See  Rule  6.)  ' 

State  of  Illinois,  ) 

Supreme  Court.  \  sct* 

The  people  of  the  State  of  Illinois,  to  the  clerk  of 
the  circuit  court  of  connty,  greeting: 

Because  in  the  record  and  proceedings,and  also  in  the 
rendition  of  the  judgement  in  a  suit  which  was  lately 
in  tne  circuit  court  of  county,  before  the  judge 
thereof,  between  A.  B.  plaintiff,  and  C.  D.  defendant, 

01  a  k]ea  of  trespass  on  the  case,  (or  as  the  plea  is,; 
manifest  error  hath  intervened,  as  it  is  said,  to  thdk 
great  injury  of  the  said  C.  D.  as  by  his  compjab  t  we 
are  informed:  and  we  being  willing  that  the  said  error, 
it  any  there  be,  should  in  due  manner  be  certified, 
and  tail,  and  speedy  justice  done  to  the  parties  afore* 
said,  in  this  behalf;  do  command  you,  that  you  send  to 


SUPREME  COURT. 


1  i 


the  justices  of  our  supreme  court,  at  Vandalia,  with  all 
convenient  despatch,  a  transcript  of  the  record  and 
proceedings  of  the  suit  aforesaid,  with  all  things  con¬ 
cerning  the  same,  distinctly  and  openly,  under  the  seal 
of  your  court,  together  with  this  writ;  so  that  the  said 
justices  may  have  them  at  the  place  of  holding  the  said 
supreme  court,  in  Vandalia,  on  the  day  of 

next-  that  the  records  and  proceedings  aforesaid  being 
inspected,  they  may  cause  to  be  done,  thereupon,  for 
correcting  that  error,  what,  of  right,  and  according  to 
law  and  the  rules  of  said  court,  ought  to  be  done. 

Witness,  the  Hon.  William  Wilson,  chief  justice 
of  our  said  supreme  court,  at  Vandalia,  this 
[L.  5.J  day  0f  A.  f)t  ,  and  of  the 

independence  of  the  United  States  the  . 

J.  M.  D.  Cl/c .  Sup.  Court . 

4.  Return  thereto  by  the  clerk,  to  be  endorsed  on  the  writ, 

(See  Rule  6.) 


A  transcript  of  the  record  and  proceedings  of  the 
suit,  whereof  mention  is  within  made,  with  all  things 
concerning  the  same,  I  herewith  certify  to  the  justices 
of  the  said  supreme  court,  at  the  day  and  place  within 
mentioned,  as  within  I  am  commanded. 

E.  F.  CUc.  of  the  C.  Court . 

May  ,  A.  D. 

5.  Form  of  the  subpoena  to  be  directed  to  the  sheriff  of  the 
proper  county,  to  summon  the  defendant  in  error.  (See 
Rule  8.) 

State  of  Illinois,  ) 

Supreme  Court,  y 

The  people  of  the  State  of  Illinois,  to  the  sheriff  oi 
county,  greeting: 

Because  in  t:>e  record  and  proceedings,  and  also  in 
the  rendition  of  tne  judgment  i:  a  sail  wHcn  was  late¬ 
ly  in  the  circuit  court  of  county,  before  the  judge 
thereof,  between  A.  B.  plaintiff,  and  C.  D.  defendant, 
of  a  plea  of  trespass  on  the  case,  (or  as  the  plea  is)  man- 


12 


FORMS  OF  THE 


ifest  error  hath  intervened,  as  it  is  said,  to  the  great  in¬ 
jur)’  of  the  said  C.  D.  as  by  his  complaint  we  are  in¬ 
formed;  a  transcript  of  the  record  and  proceedings,  of 
which  said  judgment,  we  have  caused  to  be  brought 
into  our  supreme  court  of  the  state  of  Illinois,  before 
the  justices  thereof  to  correct  the  error  in  the  same, 
if  any  there  be,  in  due  form  and  manner,  according  to 
law:  We  therefore  command  you,  to  summon  the  said 
A.  B.  to  be  and  appear  before  the  justices  of  our  said 
supreme  court,  at  the  next  term  thereof,  to  be.  holden 
at  Vandalia,  in  said  state,  on  the  Monday  in 
next,  to  hear  the  record  and  proceedings,  and  the  er¬ 
rors  assigned,  if  he  shall  think  tit,  and  to  show  cause, 
if  any  he  can,  why  the  said  judgment  shall  not  be  re¬ 
versed,  for  the  causes  aforesaid;  a  further  to  do  and 
receive  what  our  said  court  shall  order  and  adjudge  in 
this  behalf.  And  have  you  then  and  there  this  writ, 
and  make  return  thereon  in  what  manner  you  execute 


the  same.  , 

Witness  the  Hon.  William  Wilson,  chief  justice 
Q  of  our  said  supreme  court,  at  Vandalia,  this 

I  L.  b.J  davof  A.  D.  ,  and  of  the 

*/  • 

independence  of  the  United  States,  the 

J.  M.  D.  Clk.  Suo.  Court . 


fi.  Sheriff’s  return  thereto,  to  be  endorsed  on  the  subpoena. 

♦ 

In  pursuance  of  the  within  Tvrit.to  me  directed,  I  have 
this  day  summoned  the  said  A.  B.  to  be  and  appear  be¬ 
fore  the  justices  of  the  said  supreme  court,  at  the  day 
and  place  within  mentioned,  as  within  I  am  command 
ed. 

$  L.  M.  Sheriff  of  the 
(county  of  and  State  of  Illinois , 

,  A.  D.  « 


June 


SUPREME  COURT. 


13 


y.  Sheriff’s  return  of  non  est  inventus,  when  the  defendant  ia 

error  cannot  be  found. 

The  within  named  A.  B.  is  not  found  within  the  body 
of  my  county,  so  that  I  cannot  summon  him,  as  within  I 
am  commanded.  (  L.  M.  Sheriff  of  the 

\county  of  /  and  state  of  Illinois. 

June  ,  A.  D. 

8.  Form  of  a  writ  of  certiorari,  on  the  suggestion  of  a  diminu¬ 
tion  of  record.  vV 

State  of  Illinois,  )  . 

Supreme  Court.  $  scu 

The  people  of  the  state  of  Illinois, 

To  the  clerk  of  the  circuit  court  of 
county,  greeting: 

Whereas  in  a  certain  suit  between  A.  B.  plaintiff, 
and  C.  D.  defendant,  lately  depending  in  the  circuit 
court  of  said  county,  wherein  judgment  was  rendered 
for  ttie  said  A.  B.  and  against  the  said  C.  D.  a  writ  of 
error  was  prayed  for  and  obtained  by  the  said  C.  D. 
directed  to  you,  the  clerk  of  the  said  circuit  court,  re¬ 
quiring  you  to  certify  a  transcript  of  the  record  and 
proceedings  in  said  suit,  to  the  supreme  court,  held  at 
Vandalia,  on  the  Monday  of  A.  D.  , 

which  said  transcript  was  certified  and  transmitted,  as 
by  the  said  writ  you  was  commanded:  and  whereas, 
it  has  been  suggested  on  the  part  of  the  said  C.  D. 
that  the  said  record  has  been  diminished;  and  inas¬ 
much  as  {here  recite  the  part  of  the  record  omitted)  has  not 
been  sent  up,  and  the  justices  of  our  said  supreme 
court  not  being  satisfied  that  there  is  a  sufficient  record 
sent  in  the  plea  aforesaid,  and  that  there  is  a  diminu¬ 
tion  thereof:  You  are,  therefore,  hereby  commanded, 
that  without  delay,  the  said  (here  state  the  matter 
omitted  as  before)  therein,  you  cause  to  be  transmitted 
to  the  said  supreme  court,  to  be  held  at  Yandalia,  in 
the  said  state,  on  the  Monday  of  next, 

without  any  addition,  alteration  or  diminution  what¬ 
ever,  to  the  end,  that  speedy  justice  may  be  done  in  the 


F©RMS  ©F  THSi 


14 

premises,  according  to  law;  whereof  you  are  in  ito 
wise  to  fail;  and  send  you  then  and  there  this  writ. 

Witness,  the  Hon.  William  Wilson,  chief  jus- 
r-T  q  -j  tice  of  our  said  supreme  court,  at  Vandalia, 
[  j  ‘J  this  day  of  ,  A.  D.  ,  and 

of  the  independence  of  the  United  States, 
the 

J.  M.  D.  Clk.  Sup .  Court . 

9.  Return  thereto  by  the  clerk,  to  be  endorsed  on  the  writ. 

By  virtue  of  this  writ,  to  me  directed,  I  do  hereby 
certify  to  the  justices  of  the  said  supreme  court,  that 
having  examined  the  record  and  proceedings  in  the 
suit  of  which  mention  is  within  made,  I  find  that  (here 
state  the  matter  omitted,)  a  transcript  of  which  as  fully 
and  entirely  as  the  same  remains  in  my  custody  of  re* 
oord,  I  do  hereby  certify  and  transmit  to  the  said  jus¬ 
tices,  at  the  day  and  place  within  mentioned,  as  with¬ 
in  1  am  commanded. 

E.  F.  Clk.  of  the  C.  Court . 

May  ,  A.  D. 

10.  Return  by  the  clerk,  when  no  omission  has  happened. 

I  certify  to  the  justices  of  the  supreme  court  within 
mentioned,  that  having  diligently  searched  the  record 
and  papers  on  file  in  my  office,  in  the  suit  of  wffiich 
mention  is  within  made;  1  have  not  been  able  to  find 
(here  state  the  matter  said  to  be  omitted,)  in  any  part 
of  the  record  or  proceedings  between  the  said  A.  Bo 
and  C.  D.  of  the  plea  within  mentioned. 

E.  F.  Clk,  of  the  C.  Court. 


May  ,  A.  D. 


SUPREME  COURT. 


16 


Si.  Form  of  ail  assignment  of  error,  in  the  supreme  court. 

State  of  Illinois,  >  ,  (  term,  in  the  year  of 

Supreme  Court.}  *  (our  Lord,  one  thousand  eight 
hundred  and 
C.  D.  ) 

vs.  >  In  Error. 

•  A.  B.  S 

Afterwards,  to  wit,  on  the  day  of  ,  A.  D. 

,  at  this  same  term  of  the  court,  before  the  jus¬ 
tices  thereof,  comes  the  said  C.  D.  by  G.  H.  his  attor¬ 
ney,  and  says  that  in  the  record  aud  proceedings,  afore¬ 
said,  and  also  in  the  rendition  of  the  judgment,  afore¬ 
said,  there  is  manifest  error  in  this,  to  wit:  that  the 
declaration  aforesaid,  and  the  matters  therein  contain¬ 
ed,  are  not  sufficient  in  law* for  the  said  A.  B.  to  have, 
or  maintain  his  aforesaid  action  thereof,  against  him 
the  said  C.  D.  There  is  also  error  in  this,  to  wit: 
that  by  the  record  aforesaid,  it  appears,  that  the  judg¬ 
ment  aforesaid,  in  form  aforesaid  given,  was  given  for 
the  said  A.  B.  against  the  said  C.  D.,  whereas  by  the 
laws  of  the  land,  the  said  judgment  ought  to  have  been 
given  for  the  said  C.  D.  against  the  said  A.  B.  (here  as¬ 
sign  all  the  other  errors  relied  on.)  And  the  said  C.  D. 
prays  Fiat  the  judgment  aforesaid,  for  the  errors  afore¬ 
said,  and  for  other  errors  apparent  in  the  record  and 
proceedings  aforesaid,  may  be  reversed,  annulled,  and 
altogether  held  for  nothing,  and  that  he  may  he  restor¬ 
ed  to  all  things  which  he  hath  lost  by  occasion  of  the 
said  judgment,  See. 

'  ~  G.  H.  Attorney 

for  Plaintiff  in  Error . 

12.  Joinder  in  error. 

A.  B.  i 

ads.  >  In  Error. 

C.  D.  S 

And  hereupon  afterwards,  to  wit:  at  the  term 

of  the  said  supreme  court,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  .  the  said  A.  B.  by 


10 


FORMS  OF  TH£ 


J.  K.  his  attorney,  comes  here  into  court,  and  says  that 
there  is  no  error  either  in  tiie  record  and  proceedings 
aforesaid,  or  in  the  rendition  of  the  judgment  afore¬ 
said;  and  prays  that  the  justices  of  the  said  supreme 
court,  now  here,  may  proceed  to  examine,  as  well  the 
record  and  proceedings  aforesaid,  as  the  matters  afore¬ 
said  above  assigned  for  error,  and  that  the  judgment 
aforesaid,  in  form  aforesaid  given,  may  be  in  all  things 
affirmed,  &c. 


J.  K.  Attorney 
for  Defendant  in  Error . 

13.  Form  of  a  writ  of  mandamus.* 


State  of  Illinois, 


The  people  of  the  State  of  Illinois, 

To  At  B.  secretary  of  state,  for  the  state  of 


Illinois,  greeting: 


Whereas,  it  has  been  represented  to  the  justices  of 
our  supreme  court,  at  Yandalia,  in  said  state,  that  Cb 
{),  oi  the  county  of  ,  and  state  aforesaid,  was,  on 
the  day  of  ,  A.  D.  ,  by  joint  ballot 

of  both  branches  of  the  general  assembly  of  said  state, 
in  due  form,  and  according  to  the  constitution  and  laws 
of  the  said  state,  elected  to  the  place  and  office  of  judge 
of  probate  in  and  for  the  said  county  of  •  and 

whereas,  the  governor  of  said  state  did,  on  the 
day  of  ,  A.  D.  ,  sign  a  commission,  in  due 

form,  for  the  said  C.  D.  appointing  him  the  said  C.  D. 
to  the  said  place  and  office,  and  did,  on  the  same  day, 
deposit  the  same  with  you  the  said  A.  B.  to  be  coun¬ 
tersigned  by  you  as  secretary  of  the  said  state,  sealed 

*A  writ  of  mandamus,  is,  in  general,  a  command,  issuing 
from  a  superior  court,  having  competent  authority  for  that 
purpose,  and  directed  to  any  person,  corporation  or  inferior 
court  of  judicature,  requiring  them  to  do  some  particular 
thing  therein  specified,  which  appertains  to  their  office  and 
duty,  and  which  the  superior  court  has  previously  determined, 
or  at  least  supposed  to  be  consonant  to  right  and  justice, 

(See  3  Bl,  Com,  110.1 

s  * 


SUPREME  COURT. 


with  the  seal  of  the  state,  and  delivered  to  the  said  C. 

£).  as  by  law  you  are  required;  and  whereas,  it  has 
been  further  represented  to  us,  that  notwithstanding 
the  premises  with  which  you  are  well  acquainted,  you 
have,  without  any  reasonable  cause  whatever,  hitherto 
refused,  and  still  refuse,  to  countersign,  seal  and  deliv- 
or  the  said  commission  to  the  said  C.  D.  although  of¬ 
ten  required  by  the  said  C.  D.  so  to  do;  by  means 
whereof,  the  said  C.  D.  has  been  greatly  hindered  and 
delayed  in  the  exercise  of  the  said  place  and  office,  and 
wholly  deprived  of  the  profits,  emoluments  and  advan¬ 
tages  thereunto  belonging  and  appertaining,  to  his 
manifest  injury  and  damage,  as  by  his  complaint  we 
have  understood:  We,  therefore,  being  willing  that 
due  and  speedy  justice  be  dose  to  the  said  C.  D.  in 
this  behalf,  command  you,  that  immediately  after  the 
receipt  of  this  writ,  you  do,  without  further  excuse  or 
delay,  countersign,  seal  and  deliver  the  said  commis¬ 
sion  to  the  said  C.  D.,  or  signify  to  us,  cause  to  the  con¬ 
trary,  lest  in  your  default,  complaint  should  come  to  us 
repeated.  And  how  you  shall  execute  this  our  com¬ 
mand,  certify  to  the  justices  of  our  said  supreme  court, 
now  sitting  at  V'andalia,  on  the  day  of  ,  A. 

D.  ,  together  with  this  writ.* 

Witness,  the  Hon.  William  Wilson,  chief  jus¬ 
tice  of  our  said  supreme  court,  at  Vandalia, 
[L.  S.]  this  day  of  ,  A.  D.  ,  and 

of  the  independence  of  the  United  States, 
the 

J.  M.  D.  Clk.  Sup.  Court . 

14.  Return  of  the  above  writ. 

I,  A.  B.,  secretary  of  state,  for  the  state  of  Illinois,  in 
obedience  to  the  command  of  the  within  writ  to  me  di-  , 

*  Application  for  the  writ  of  mandamus,  should  always  lye 
supported  by  affidavit,  that  the  court  may  judge  of  the  propri¬ 
ety  of  granting  it ;  and  this  is  the  constant  practice. 

Buller’s  Nisi  Prius,  title  “  Mandamus.”)  If  the  first  writ  is 
disobeyed,  a  peremptory  mandamus  issues;  and  after  that  ai> 
attachment.  (3  Bl.  Com.  111.) 


18 


FORMS  OF  THE 


recteo,  do  certify  to  the  justices  of  the  said  supreme 
court,  that  although  it  is  true  that  the  within  named 

C.  D.  was  duly  elected  to  the  ofiice  of  judge  of  pro¬ 
bate,  in,  and  for  the  said  county  of  ,  as  within 

mentioned,  yet  it  is  not  true,  that  the  said  governor 
signed  a  commission,  appointing  the  said  C.  D.  to  the 
said  office,  and  deposited  the  same  with  me,  to  be 
countersigned,  sealed  and  delivered  to  the  said  C.  D.  in 
manner  and  form  as  by  the  writ  within  written  is  sup¬ 
posed  ;  and  for  teat  reason  I  have  not,  nor  can  1  accord¬ 
ing  to  lavs',  countersign,  seal  ai  d  deliver  to  the  said  C. 

D,  a  commission  for  said  office,  as  by  this  writ,  I  am 
within  commanded,  &c. 

A.  B.  Sec\y  of  State, 
Vandalia,  December  ,  A.  D.  k 

Id,  Form  of  a  writ  oi  Restitution,  with  a  fieri  facias,  after  a 
judgment  reversed  in  the  supreme  court. 

State  of  Illinois,  ) 

Supreme  Court.  )  se  * 

The  people  of  the  State  of  Illinois, 

{  o  tne  sheriff  of  county,  greeting: 
Whereas,  A.  B.  lately,  that  is  to  say,  at  the 
tcim  Ok  our  circuit  court,  in,  and  for  the  said  county  of 
,  in  the  year  of  our  Lord,  one  thousand,  eight 
dundred  and  ,  recovered  a  judgment  against  C. 
jl).  late  ot  the  said  county,  in  a  certain  action  of  tres¬ 
pass  on  the  case,  (or  as  the  action  is,)  for  the  sum  of 
dollars  for  his  damages,  and  the  further  sum  of 
dollars  for  his  costs  in  that  behalf  expended, 
whereof  the  said  C.  D.  is  convicted,  as  by  the  record9 
and  proceedings  thereof,  which  for  certain  causes  of 
error,  we  lately  caused  to  be  brought  into  our  said  su¬ 
preme  court,  appears;  and  whereas,  by  reason  of  di¬ 
verse  errors  in  the  said  record  and  proceedings,  and 
also  in  giving  the  judgment  aforesaid,  the  said  supreme 
court  have  reversed,  and  totally  annulled  the  same  • 
anci  have  further  considered  and  adjudged,  that  the 
5a;d  C.  D.  be  restored  to  all  things  which  he  has  lost, 


supreme  court. 


19 


occasion  of  the  judgment  aforesaid;  and  wherea 


ha.s  had  his  execution  of  the  damages  aforesaid,  and  is 
yet  possessed  thereof,  as  we  have  been  informed:  We, 
therefore,  command  you,  that  it  it  can  be  made  appeal 
to  you,  that  the  said  A.  B.  has  had  his  execution  of  the 
damages  aforesaid,  by  virtue  of  the  judgment  afore- 
«aid  then  without  delay  you  cause  tne  said  U.  V,  to 
have  full  restitution  of  the  said  amount  of  damages,  and 
costs  as  aforesaid;  and  if  you  cannot  cause  him  to  have 
restitution  thereof,  then,  that  of  the  goods  and  chattels, 
lands  and  tenements  ot  the  said  A.  B.,  in  your  county, 
you  cause  to  be  made  the  said  sum  of  dollars, 

and  cause  that  money  to  be  delivered  without  delay  to 
the  said  C.  D.  And  in  what  manner  you  shall  execute 
this  our  writ,  certify  to  the  justices  of  our  said  supreme 
court,  at  Yandalia,  in  ninety  days  from  the  date  hereof, 
and  have  you  also  then  and  there  this  writ. 

Witness,  the  Hon.  William  Wilson,  chief  justice 
^  of  our  said  supreme  court,  at  Yandalia,  this 
[L.  S.J  day  0f  ,  A.  D.  ,  and  of  the 

independence  of  the  United  States,  the 


J.  M.  D.  Clk,  Sup,  Court , 


fi 


FORMS 


OF 

WRITS  AND  PROCEEDINGS 

IN  THE 

CIRCUIT  COURT. 

1.  Account,  ( See  revised  code  of  1827,^.  47.) 

1,  Notice  by  the  auditors,  to  the  parties  litigant,  of  the  time 

and  place  of  auditing  their  accounts.,  previous  to  their  re¬ 
port. 

Po  A.  B.  an#  C.  D.  of  the  county  of  ,  and  state  of 

Illinois. 

Whereas,  by  an  order  of  the  circuit  court,  in,  and  for 
the  county  and  state  aforesaid,  made  at  its  term, 

A.  D.  ,  the  undersigned  have  been  appointed  au¬ 

ditors,  to  audit  and  state  the  accounts,  which  are  at 
piesent  the  subject  matter  in  controversy  between 
you,  in  a  certain  action  of  account,  now  pending  and 
undetermined  in  the  said  court,  wherein  you  the  said  A. 

B.  are  plaintiff,  and  you  the  said  C.  D.  defendant:  This 
is,  therefore,  to  notify  you,  that  w,e  have  appointed  the 

A.  D.  ,  as  the  time,  and 

tne  house  of  L,  F.  in  tho  said  county  and  state,  the 
place,  for  the  hearing  of,  and  adjusting  your  several  ac¬ 
counts  according  to  law,  and  the  said  order  of  court; 
when  and  where,  you  are  required  to  attend,  with  your 
respective  books  and  accounts,  and  your  witnesses  if 
any,  to  establish  the  correctness  of  the  same. 

G.  H.) 

J.  K.  >  Auditors, 

r.  L.  M.) 

'  wne  ,,  A.  D, 


CIRCUIT  80URT. 


2\ 


2.  AtfcUtors’  report  to  the  circuit  court. 

To  the  Hon.  R.  M.  Y.  judge  of  the  circuit  court,  in, 
and  for  the  county  of  ,  and  state  of  Illinois: 

We,  the  undersigned,  having  been  appointed  audit¬ 
ors,  to  audit. and  state  the  accounts,  which  are  at  pres¬ 
ent'  the  subject  matter  in  controversy,  between  A.  B. 
plaintiff,  and  C.  D.  defendant,  in  a  certaiu  action  of 
account,  now  pending  and  undetermined  in  the  said 
circuit  court;  do,  in  conformity  with  law,  and  the  order 
of  the  said  court,  make  the  following  report.  That, 
having  first  been  duly  sworn  according  to  law,  faithfully 
and  impartially,  to  take  and  state  the  accounts  between 
the  said  parties,  and  to  make  repoit  thereof  to  the  said 
court;  we  proceeded  to  appoint  the  day  of  , 

A.  D.  ,  as  the  time,  and  the  house  of  E.  F.  in  the 
said  county  and  state,  the  place,  tne  healing  ant.', 
adjustingof  the  said  accounts;  and  thereupon, on  the 
day  of  ,  A.  D.  ,  caused  a  written  notice  to  be 
served  on  the  said  parties  litigant,  advising  them  of  the 
time  and  place  appointed,  with  the  request  that  they 
would  respectively  attend,  with  their  books  and  ac¬ 
counts,  and  their  witnesses,  if  any,  to  establish  the  cor¬ 
rectness  of  the  same:  whereupon  on  the  day,  and  at 
the  place  appointed,  as  aforesaid,  the  parties  appeared, 
and  produced  their  several  books  and  accounts,  agreea¬ 
bly  to  the  request  contained  in  the  said  notice";  and 
the  said  A.  B.  further  produced  N.  O.  and  P.  O.  as  wit¬ 
nesses  on  his  part,  and  the  said  C.  D.  also  produced  R. 
S.  and  T.  S.  as  witnesses  on  his  part,  'who  were  to¬ 
gether  with  the  said  A.  B.  and  C.  D.  severally  sworn 
and  examined  by  us,  touching  the  correct*  ess  of  their 
respective  accounts,  and  the  several  items  composing 
the  same ;  and  after  having  heard  their  several  allega¬ 
tions  and  proofs,  as  aforesaid,  we  proceeded  to  liqui¬ 
date  and  adjust  the  said  accounts,  as  by  the  said  order 
of  court  wc  were  directed;  and  find,  after  a  careful 
examination  and  calculation  of  the  same,  that  there  is  a 
balance  rightfully  due  from  the  said  C.  D.  to  the  said 
A,  B.,  of  dollars,  as  will  more  satisfactorily  appear, 


■FORMS  OF  THE 


by  reference  to  the  annexed  statement  of  their  accounts 
which  is  made  a  part  of  this  report.  All  which  is  rc 
spectfully  submitted. 


November 


a.  n 


(Here  follows  a  statement  of  the  accounts,  in  the  usual  form 
in  which  accounts  current  are  settled.) 

2.  Advertisement .  (See  revised  code  of  1 827, p.  48.) 

?.  Form  of  the  certificate  by  the  printer  or  publisher  of  a  news¬ 
paper,  of  the  publication  of  a  notice  or  advertisement. 

[Here  should  be  annexed  a  writcn  or  printed  copy  of  the 
advertisement.] 

I,  4.  B.  printer,  (or  publisher,  or  both,  as  the  ease 
may  be,)  of  the  ,  a  jtublic  newspaper,  printed  and 
published  weekly,  at  ,  in  the  county  of  ,  and 
state  of  Illinois;  do  hereby  certify,  that  the  notice,  (or 
Advertisement,)  of  which  the  annexed  is  a  true  copy, 
has  been  regularly  published  in  numbers  of  the 
said  newspaper,  for  weeks  successively;  the  first 
insertion  whereof  was  in  the  paper  dated  the  day 
of  ,  A.  D.  ,  and  the  last,  in  the  paper  dated  the 
day  of  ,  A.  D.  .  Given  under  mv  hand, 

»  J  1  .  -I  A  .  »  7 


at  ,  this  day  of  ,  A.  D. 

3.  Appeal  Bonds 


A.  B. 


h  Form  of  the  appeal  bond  in  cases  of  appeals  from  the  circuit, 
to  the  supreme  court.  (See  revised  code  of  1827, p.  318,  sec. 
3.2,  title  “  Practice.”) 

Know  all  men  by  these  presents,  that  we,  A.  B.  and 
E.  F.  of  the  county  of  ,  and  state  of  Illinois,  are 
held,  and  firmly  bound  unto  C.  I).,  also  of  the  same 
county  and  state,  in  the  penal  sum  of  dollars,  (sum 
fixed  by  the  court,)  current  money  of  the  United  States, 
for  the  payment  of  which,  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs,  executors  and  administrators 


<#r«uit  eattiii;. 


Q  V 


jointly,  severally,  and  firmly  by  these  presents.  Wit¬ 
ness  our  hands  and  seals  this  day  ot  ,  A.  D. 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  the  said  C.  D.  did,  on  the  day  of  ,  A. 

D.  ,  in  the  circuit  court,  in,  and  for  the  county  and 

state  aforesaid,  recover  a  judgment  against  the  above 
bounden  A.  B.,  for  the  sum  of  dollars,  debt,  (or 
damages,  as  the  case  may  be,)  and  dollars  costs; 
from  which  said  judgment  of  the  said  circuit  court,  the 
said  A.  B.  has  prayed  for,  and  obtained  an  appeal  to 
the  supreme  court  of  said  state.  Now  if  the  said  A. 
B.  shall  duly  prosecute  his  said  appeal  with  effect,  and 
shall  moreover  pay  the  amount  of  the  judgment,  costs, 
interest  and  damages,  rendered  and  to  be  rendered 
against  him,  in  case  the  said  judgment  shall  be  affirm¬ 
ed  in  the  said  supreme  court,  then  the  above  obli¬ 
gation  to  be  void,  otherwise  to  remain  in  full  force 
and  virtue.*  A.  B.  [L.  S.] 

E»  F.  [L.  S.] 

Taken,  and  entered  into,  before  me, 
at  my  office  in  ,  this  day  ©f.  , 

A.  D. 

Teste,  L.  M.  Clerk  -  circuit  Court . 

Note. — When  appeals  are  taken  from  the  probate,  to  the 
circuit  court,  the  appeal  bond  should,  as  near  as  practicable, 
conform  to  the  foregoing  form.  (See  revised  code  of  1829,  p. 
37,  title  “  Courts.”) 

2.  Form  of  the  appeal  bond  to  be  given  by  the  party  appealing* 
from  the  decision  of  the  judge  of  probate,  or  two  justices 
of  the  peace,  to  the  circuit  court,  in  cases  of  alledged  mis¬ 
conduct,  on  the  part  of  masters  or  apprentices.  (See  re¬ 
vised  Gode  of  1827,  p.  57,  title  “  Apprentices.”) 

Know  all  men  by  these  presents,  that  we,  A.  B.  and 

E.  F.,  of  the  county  of  ,  and  state  of  Illinois,  are 

*This  bond,  according  to  the  statute,  may  be  given  either 
by  the  party  himself,  or  his  agent,  or  attorney.  It  has  been 
lately  determined  by  the  judge  of  the  fifth  judicial  circuit,  that 
the  word  “  attorney,”  in  that  case,  means  an  attorney  in  fact, 
?md  not  an  attorney  at  law. 


EOItMS  OP  'THP 


514 

•  * 

held  and  firmly  bound  unto  C.  D.,  also  of  the  same 
county  and  state,  in  the  penal  sum  of  one  hundred  dol¬ 
lars,  current  money  of  the  United  States,  for  the  pay¬ 
ment  of  which,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators  joint¬ 
ly,  severally  and  firmly  by  these  presents.  Witness 
our  hands  and  seals  this  day  of  ,  A.  D. 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  the  above  bounden  A.  B.  who  is  the  appren¬ 
tice  of  the  said  C.  D.  heretofore  made  complaint  to  G. 
H.  and  J.  K.,  two  justices  of  the  peace,  in,  and  for  the 
cou  nty  and  state  aforesaid,  (or  to  the  judge  of  probate, 
as  the  case  may  be,)  that  he  the  said  C.  D.  had  indict¬ 
ed  undue  correction  on  the  body  of  the  said  A.  B.  (or 
as  the  complaint  is,)  contrary  to  law,  and  the  form  and 
effect  of  his  indenture  of  apprenticeship  to  the  said 
C.  D.,  and  whereas,  the  said  justices  of  the  peace  did, 
on  the  day  of  ,  A.  D.  ,  render  a  judgment 
in  favor  of  the  said  C.  D.  and  against  the  complaint 
of  the  said  A.  B.;  and  the  said  A.  B.  having  appealed 
from  the  said  judgment  to  the  circuit  court  of  said 
county:  now  if  the  said  A.  B.  shall  prosecute  his  said 
appeal  to  effect,  and  shall  further  abide  by,  and  per¬ 
form  the  decision  of,  the  said  circuit  court  in  the  prem¬ 
ises,  then  the  above  obligation  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 

A.  B.  [L.  S.] 

E.  F.  [L.  S.] 

Taken  and  entered  into  before  me, 
at  my  office  in  ,  this  day  of 
,  A.  D. 

Teste,  L.  M.  Clerk  circuit  court . 

3.  Form  of  the  appeal  bond,  in  cases  of  appeals  from  justices 
of  the  peace,  to  the  eircuit  court,  in  civil  cases.  (See  revis¬ 
ed  code  of  1827, p.  268,  sec.  31.) 

Know  all  me  l  by  these  presents,  that  we,  A.  B.  and 
E.  F.  of  the  county  of  and  state  of  Illinois,  are  held 
and  firmly  bound  unto  C.  D.,  also  of  the  same  county 


CIRCUIT  COURT, 


and  stale,  m  the  penal  sum  of  dollars,  (a  sum  suffi¬ 
cient  to  cover  the  judgment  and  all  costs.)  current  mo¬ 
ney  of  the  United  States,  for  the  payment  of  which, 
well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs’,  executors  and  administrators  jointly,  severally 
and  (irmly  by  these  presents.  Witness  our  hands  and 
seals,  this  day  of  ,  A.  D. 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  the  said  C.  D.  did,  on  the  day  of  ,  A. 
D.  ,  before  G.  H.  a  justice  of  the  peace,  in  and 
for  the  county  and  state  aforesaid,  recover  a  judgment 
against  the  above  bounden  A.  B.  for  the  sum  of  dol¬ 
lars,  debt  and  interest,  and  dollars  costs;  from 
which  said 'judgment,  of  the  said  justice,  the  said  A.  B. 
lias  taken  an  appeal  to  the  circuit  court  of  the  said 
county  and  state.  Now  if  the  said  A.  B.  shall  prose¬ 
cute  his  said  appeal  with  effect,  and  shall  pay  the  said 
debt  and  all  costs,  in  case  the  said  judgment  shall  be 
affirmed,  on  the  trial  of  the  said  appeal,  in  the  said  cir¬ 
cuit  court,  then  the  above  obligation  to  be  void,  other¬ 
wise  to  remain  in  full  force  and  virtue. 

A.  B.  [L.  S.J 
E.  F.  [L.  S.] 

Taken  and  entered  into  before  me, 
at  my  office,  this  day  of  ,  A. 

D. 

Teste,  L.  M.  Clerk  circuit  court. 

4.  Form  of  the  appeal  bopd,  in  cases  of  appeals  from  justices 

of  the  peace,  to  the  circuit  court,  in  criminal  cases.  (See 

revised  code  of  1827,  p.  275,  sec.  5.) 

Know  all  men  by  these  presents,  &c.  (See penalty  in 
previous  bond.) 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  the  above  bounden  A.  B.  was,  on  the  day 
of  ,  A.  D.  ,  convicted  of  the  offence  of  an  as¬ 
sault  and  battery,  (or  of  an  assault,  or  an  affray,  as  the 
case  is,)  on  the  body  of  E.  E.,  also  of  the  said  county 
and  state,  before  G.  H.,  a  justice  of  the  peace,  for  the 
eounty  and  state  aforesaid,  and  fined  in  the  smn  of 

!  c 


26' 


FORMS  OF  THE 


dollars;  for  which  a  judgment  was  rendered  by  the 
said  justice  against  him,  as  also  for  the  sum  of  dollars 
costs;  from  which  said  judgment,  before  the  said  jus¬ 
tice,  the  said  A .  B.  has  taken  an  appeal  to  the  circuit 
court  of  said  county.  Now  if  the  said  A.  B.  shall  pros¬ 
ecute  his  said  appeal  with  effect,  and  shall  pay  the 
amount  of  whatever  judgment  the  said  circuit  court 
may  render  against  him  on  the  trial  of  the  said  appeal, 
then  the  above  obligation  to  he  void,  otherwise  to  re¬ 
main  in  full  force  and  virtue. 

A.  B.  [L.  S.] 

C.  D.  [L.  S.j 

Taken  and  entered  into  before  me, 
at  my  office  in  ,  this  day  of 
,  A.  D. 

Teste,  L.  M.  Clerk  circuit  court . 

Form  of  the  appeal  bond,  to  be  given  by  the  appellant,  in 

cases  of  the  trial  of  the  right  of  property.  (See  revised 

code  of  1827,  p.  351,  sec.  5-) 

N, . 

Know  all  men  by  these  presents, £lc.  {Sec penalty  in 
previous  bond.) 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  an  execution,  (or  writ  of  attachment,  as  the 
case  may  be,)  numbered  ,  and  bearing  date  the 
day  of  ,  A.  D.  ,  issued  out  of  the  clerk’s  office, 
and  under  the  seal  of  the  circuit  court  of  county, 
in  said  state,  in  favor  of  the  said  E.  F.,  and  against  the 
goods  aud  chattels,  lands  and  tenements  of  G.  H.,  for 
the  sum  of  dollars  debt,  (or  damages,)  and  dol¬ 
lars  costs;  which  said  execution  came  to  the  hands  of 
R.  S.,  sheriff  of  the  said  county  of  ,  on  the  day 
of  ,  A.  D.  ,  and  was  by  him,  on  the  day  of 
,  of  the  year  last  aforesaid,  levied  upon  the  following 
described  goods  and  chattels,  as  the  property  of  the 
said  G.  H.,  to  wit;  (here  describe  the  property  levied 
upon,)  whereupon  the  said  property  was  claimed  by 
the  above  hound  A.  B.,  as  being  his  own  goods  and 
chattels,  and  as  belonging  of  right  to  him;  who  gave 
notice  to  the  said  sheriff,  of  his  said  claim  and  intention 


CIRCUIT  COURT. 


to  prosecute  the  same,  according  to  law;  and  thereup¬ 
on  the  said  sheriff  proceeded  forthwith  to  summon  a 
jury  of  twelve  respectable  householders  of  said  county, 
'to  attend  at  the  house  of  ,  on  the  day  of  , 
A.  D.  ,  to  try  the  said  claimant’s  right  to  the  said 
property,  and  gave  notice  thereof  to  the  said  E.  F.; 
and  the  said  jury,  and  the  said  parties,  having  attended 
at  the  time  and  place,  aforesaid,  such  proceedings 
were  then  and  there  had  before  the  said  sheriff,  and 
the  said  jury,  that  a  verdict  was  found  in  favor  of  the 
said  E.  F.,  and  against  the  claim  of  the  said  A.  B.; 
and  the  said  A.  B.  thinking  himself  aggrieved  by  the 
said  verdict,  of  the  said  jury,  prayed  an  appeal  there¬ 
from  to  the  circuit  court  of  the  said  county  of  , 
and  tendered  the  said  C.  D.  as  his  security  in  the  ap¬ 
peal  bond,  which  is  accepted  and  approved  of,  by  the 
said  sheriff:  Now,  if  the  said  A.  B.  shall  well  and  truly 
prosecute  his  said  appeal  to  effect,  and  without  delay, 
and  doth  pay,  or  cause  to  be  paid,  all  costs  that  have  ac¬ 
crued,  or  may  accrue  on  said  appeal,  if  judgment  shall 
be  given  against  him  in  the  said  circuit  court,  on  the 
trial  of  the  said  appeal;  then  the  above  obligation  to 
void,  otherwise  to  remain  in  full  force  and  virtue. 

A.  B.  [L.  S.] 

C.  D.  [L.  S.] 

Taken,  entered  into,  and  acknowl¬ 
edged  before  me,  this  day  of  , 

A.  D. 

R.  S.  Sheriff  county ,  Illinois. 

4.  Arbitrations  and  references.  ( See  revised  code  of  1827, 

p>  64.) 

1.  Form  of  a  submission  to  be  made  a  rule  of  court,  when  no 

suit  has  been  commenced. 

Whereas,  divers  disputes  and  controversies  have 
arisen,  and  are  now  depending  and  unsettled,  between 
A.  B.,  of  the  county  of  and  state  of  Illinois,  of  the 
one  part,  and  C.  D.,  also  of  the  same  county  and  state, 
of  the  other  part:  Now,  for  the  ending  and  deciding 


thereof,  it  is  hereby  mutually  agreed  by,  and  between 
the  said  parties,  that  all  matters  in  difference  between 
them,  shall  be  referred  and  submitted  to  the  arbitra¬ 
ment  and  determination  of  £.  F.,  G.  H.  and  J.  K.,  al¬ 
so  cf  the  same  county  and  slate,  or  any  two  of  them, 
arbitrators,  indifferently  chosen  by  the  said  parties;  so 
that  the  said  arbitrators,  or  any  two  of  them,  do  make 
and  publish  their  award  in  writing,  under  their  hands 
and  seals,  ready  lobe  delivered  to  the  said  parties,  or 
such  of  them  as  shall  desire  the  same,  on,  or  before  the 
day  of  ,  next  ensuing  the  date  hereof:  and  it 
is  further  agreed  by,  and  between  the  said  parties,  that 
this  submission  to  arbitration,  shall  be  made  a  rule  of 
the  circuit  court,  in,  and  for  the  county  of  and  state 
aforesaid.  In  testimony  whereof,  the  parties  to  these 
presents  have  hereunto  set  their  hands  and  affixed  their 
seals,  this  day  of  ,  in  the  year  of  our  Lord,  one 
thausand,  eight  hundred  and 


* 

TCSte,  L.  M.V 


A.  B.  [L.  S.) 
C.  D.  [L.  S.J 


2.  Form'of  an  arbitration  bond.* 

'  '•  -  •  v. 

Know  all  men  by  these  presents,  that  I,  A.  B.  &c. 
The  condition  of  the  above  obligation  is  such,  that  if 
the  above  bound  A.  B.,  his  heir's,  executors  or  adminis¬ 
trators,  on  his  or  their  parts  and  behalf,  do,  and  shall 
w  elland  truly  stand  to,  abide  by,  perform,  observe, 
fulfil  and  keep  the  award,  order,  arbitrament  and  final 
determination  of  E.  F.,  G.  FI.  and  J.  K,,  of  the  said 
county  and  state,  arbitrators  indifferently  named  and 
chosen,  as  well  for,  and  on  the  part  and  behalf  of  the 
above  bound  A.  B.  as  the  above  n<wd  G.  D.  to  arbi- 


*In  all  the  settled  forms  of  submission,  whether  by  bond,  or 
indenture,  there  oppears  to  be'much  tautology  ;  but  it  is  gen¬ 
erally  the  safest  course  to  follow  precedents  long  known,  and 
esta'h  lished.  Lord  Coke,  in  reference  to  this  subject,  says, 
that  the  form  which  is  here  given,  Avas  invented  by  prudent 
antiquity,  and  that  it  is  beat  to  follow  the  ancient  forms  ami 
precedents,  Avhich  are  full  of  knoAvledge  and  wisdom. 


CIRCUIT  COURT. 


qfar 

irate,  award,  order,  adjudge  and  determine,  of,  and 
concerning  all,  and  all  manner  ot  action  an  ac  10ny 
cause  and  causes  of  action,  suits,  bills,  bonds,  special 

ties,  covenants,  contracts,  promises,  judgments,  execu¬ 
tions,  accounts,  debts,  quarrels,  controversies,  damages, 

trespasses  and  demands  whatsoever, both  inlaw  andequi 

tv,  or  otherwise,  which,  at  any  time,  of  times  here  o  ore, 

have  been  had,  made,  moved,  brought,  commenced,  su¬ 
ed,  prosecuted,  committed,  done,  sutFei  ed,  or  depen 
and  unsettled  by,  or  between  the  said  parties;  so  tha. 
the  said  award  be  made  in  writing,  under  the  hands  and 
seals  of  the  said  arbitrators,  or  any  two  of  them,  a  mi 
ready  to  be  delivered  to  the  said  parties,  in  difference, 
or  such  of  them  as  shall  desire  the  same,  on  0t  be  ore 
the  day  of  next  ensuing  the  date  hereof;  then 
the  above  obligation  to  be  void,  otherwise  to  remain  in 
full  force  and  virtue.  A.  R.  [L»  &*J 

Teste,  L.  M. 

Note.—- If  the  parties  wish  to  make  their  submission  a  rule 
of  court,  these  words  should  also  be  added  at  the  end  or  ic 
condition  of  the  bond,  to  wit:  “  And  the'above  named  A.  i*. 
doth  agree  and  desire,  that  this  his  submission,  may  be  made 
a  rule  of  the  circurt  court,  in  and  for  the  county  of  ,  anc 
state  aforesaid.”  Two  sets  of  bonds  in  all  cases  are  necessa¬ 
ry,  which  are  to  be  given  by  each  party  to  the  other,  only  ex¬ 
changing  the  names  of  the  parties. 

3.  Form  of  an  award. 

State  of  Illinois, >  ,  To  all  to  whom  these  presents 

County  of  C  ’  shall  come, 

We,  E.  F.,  G.  H.  anti  J.  Id,  of  the  county  and  state 
aforesaid,  send  greeting: 

Whereas,  there  are  several  accounts  depending,  ano 
diverse  controversies  have  arisen,  between  A.  B.,  ot 
the  county  of  ,  and  state  of  Illinois,  of  the  one  par  t, 
and  C.  I).,  also  of  the  said  county  and  state,  of  the  oth¬ 
er  part;  and  whereas,  for  the  putting  an  end  to  tne 
said  differences,  they  the  said  A.  B.  and  C.  D.,  by 
their  several  bonds,  or  obligations,  (or  by  their  agree¬ 
ment  of  submission,  as  the  case  may  be,  according  to 
C  2 


30 


FORMS  OF  THE 


iOim  No.  1,  under  this  head,)  bearing  date  the  day 
of  ^  ,  last  past,  have  reciprocally  become  bound,  each 

10  tue  other,  in  the  penal  sum  of  dollars,  to  stand 
to,  and  abide,  periorm  and  keep  the  award,  order,  and 
hnal  determination  of  us  the  said  E.  F.,  G.  E.  and  J. 

I  ,  so  as  sa^  award  be  made  in  writing,  under  our 
nands  and  seals,  and  ready  to  be  delivered  to  the  par¬ 
ties  in  difference,  on,  or  before  the  day  of 
next  ensuing  the  date  of  said  bonds,  as  by  the  said  obli¬ 
gations  and  conditions  thereof,  will  appear:  Now, 
fnow  that  we  the  said  arbitrators,  whose  names  are 
hereunto  subscribed,  taking  upon  ourselves  the  bur¬ 
then  of  the  said  award,  and  having  been  first  duly 
sworn  according  to  law,  faithfully  and  fairly  to  hear 
ind  examine  tiie  matters  of  difference  between  the  said 
parties  in  question,  and  to  make  a  true,  and  just  award 
(or  report)  thereon,  according  to  the  best  of  our  skill 
and  understanding;  and  having  fully  examined,  and 
duly  considered  the  proofs  and  allegations  of  both  the 
said  parties,  who  were  duly  notified  of  the  time  and 
place  at  which  the  said  award  would  be  made;  do  make 
and  putdisu  this  our  award  between  the  said  parties, 
in  the  manner  following:  First,  we  do  award  and  or¬ 
der,  that  all  actions,  suits,  quarrels  and  controversies 
whatsoever,  had,  moved,  arisen,  and  depending  be- 
«  en  the  said  parties  in  law  or  equity,  for  any  manner 
oi  cause  whatever,  touching  the  said  premises,  to  the 
dnj  of  the  date  nereof,  shall  cease,  and  be  no  further 
prosecuted;  and  that  each  of  the  said  parties  shall  pay, 
and  hear  his  costs  and  charges,  in  anywise  relating  to, 
or  concerning  the  premises.  Secondly,  we  do  "also 
award  and  order,  that  the  said  A.  B.  shall,  on,  or  be¬ 
fore  the  day  of  ,  A.  D.  ,  pay  to  the  said  C. 
IN  tne  sum  of  dollars:  And  lastly,  we  do  award 
and  order,  that  the  said  A.  B.  and  the  said  C.  D,  shall, 
on  the  payment  of  the  said  sum  of  dollars,  executo 
g^.u  i  al  icleases  to  each  other  in  due  form  of  law,  and 
sufficient  for  the  releasing  of  all  actions,  suits,  quarrels, 
coi.ti ovCisies  and  demands  whatsoever,  touching  or 
concerning  the  premises  aforesaid,  or  in  any  manner 


| 


•i 


; 

4  I, 


i 


CIRCUIT  COURT. 


n  4 
O  1 


relating  thereto,  from  their  transactions  with  each 
other,  up  to  the  day  of  ,  last  past.  (The  day  of 
the  date  of  the  arbitration  bonds.) 

In  testimony  whereof,  we  have  hereunto  set  our 
hands  and  affixed  our  seals,  this  day  oi  ,  A. 

D.  ,  E.  F-  [L.  S.] 


Teste  L.  JVJ. 


G.  H.  [L.  S.] 
J.  K.  [L.  S.] 


4.  Form  of  an  umpirage. 


(Recite  the  arbitration  bonds  as  in  the  award,  and 
the  oath  of  the  umpire,  and  then  proceed  as  follows: 
Now,  know  ye,  that  I,  R.  S.,  indifferently  chosen  by 
the  said  A.  B.  and  C.  D.  as  umpire,  having  deliber¬ 
ately  heard,  and  understood  the  allegations  and  proofs 
of  both  the  said  parties,  and  being  desirous  to  set  the 
said  parties  at  unity  and  good  accord,  do,  by  these 
presents,  arbitrate,  award,  order  and  decree,  as  fol¬ 
lows:  First,  &c.  (Here  conclude  the  umpirage  as  in 
the  preceding  form.) 

5.  Form  of  a  general  release,  in  obedience  to  an  award. 

Know  all  men  by  these  presents,  that  I,  A.  i>.,  ot  the 
county  of  ,  and  state  of  Illinois,  have  remised,  re¬ 
leased  and  forever  quit  claimed,  and  by  these  presents 
do  remise,  release  and  forever  quit  claim  unto  C.  I), 
of  the  same  county  and  state,  his  heirs,  executors  and 
administrators,  all  actions,  cause,  and  causes  of  action, 
judgments,  suits,  controversies,  trespasses,  debts,  duties, 
damages,  accounts  and  demands  whatsoever,  from  the 
commencement  of  our  transactions  with  each  other,  to 
the  day  of  ,  last  past;  save,  and  except  (the 
thing  awarded,)  under  the  terms,  and  in  the  manner 
prescribed  in,  and  by  a  certain  award,  made  the 
day  of  ,  A.  D.  ,  by  E.  F.,  G.  H.  and  a.  Iv.  of 
the  said  county  and  state,  and  on  a  reference  to  them 
of  all  disputes,  and  controversies,  between  me  and  the 


32 


FORMS  OF  THE! 


said  C.  D.  In  witness  whereof, 
my  hand,  and  affixed  my  seal,  this 
D. 


Teste,  L.  M. 


I  have  hereunto  set 
day  of  ,  A. 
A.  B.  [L.  S.] 


Note.— A  similar  release  must  be  given  by  the  other  party, 
only  changing  the  names  of  the  parties,  and  varying  the  ex¬ 
ception  as  to  the  thing  awarded,  so  as  to  suit  each  particular 
case. 

Submissions  to  arbitration  by  indenture,  as  in  the  first  form 
under  this  head,  are  now  very  unusual,  although  recognized 
by  our  statute  ;  the  ordinary  way  being  by  bond,  as  in  the  sec¬ 
ond  form.  Submissions  may  also,  according  to  the  common 
law,  be  by  writing  not  under  seal ;  or  by  mere  verbal  agree¬ 
ment,  as  they  may  by  our  statute,  where  the  parties  appear 
personally  in  the  circuit  court. 

€.  Form  of  the  notice  to  be  served  on  the  adverse  party,  before 

judgment  is  entered  on  an  award,  in  the  circuit  court. 

Mr.  A.  B., 

Sir:— $  send  you,  herewith,  a  copy  of  the  award 
made  tb£  day  of  ,  A.  D.  ,  by  E.  F.,  G.  II, 
and  J.  K.  of  the  county  of  ,  and  state  of  Illinois, 
on  a  reference  to  them,  of  all  disputes,  and  controver¬ 
sies,  existing  between  us  prior  to  the  day  of  , 
last  past,  by  our  several  bonds  of  arbitration  to  each 
other,  dated  the  day  of  ,  A.  D.  ;  and  here¬ 
by  notify  you,  to  appear  on  the  first  day  of  the  next- 
term  of  the  circuit  court,  to  be  holden  in,  and  for  the 
said  county  of  ,  at  the  court  house  in  ,  on  the 
Monday,  in  the  month  of  next,  and  show  cause, 
if  any  you  can,  why  judgment  should  not  then  and 
there  be  entered  by  the  said  circuit  court,  against  you 
on  the  said  award,  agreeably  to  the  tenor  and  effect 
thereof.  C.  D. 

June  ,  A*  D. 


Note. — The  above  notice,  with  a  copy  of  the  award,  must 
be  served  on  the  party  to  be  charged  with  the  judgment,  at 
least  four  days  before  the  motion  for  judgment  is  made. 


CIRCUIT  COURT. 

5.  Attachments .  ( See  revised  code  of  1827,;?.  66.) 

1.  Form  of  the  affidavit  of  the  creditor,  or  his  agent,  m  cases 

of  domestic  attachment. 

State  of  Illinois,  )  , 

County  of  ,  5 

This  day  personally  appeared  before  me,  the  under¬ 
signed,  clerk  of  the  circuit  court,  in,  and  for  the  coun¬ 
ty  and  state  aforesaid,  A.  B.  (or,  C.  D.  agent  of  A.  B. 
as  the  case  may  be,)  of  the  county  of  ,  and  state  of 
,who  is  about  to  apply  for  a  writ  of  domestic  at¬ 
tachment  against  E.  F .,  late  of  the  said  county  of  ; 
and  who  being  first  duly  sworn  according  to  law,  depos¬ 
es,  and  says;  that  the  said  L.  F.  is  justly  indebted  to 
him  the  said  A.  B.  in  the  sum  of  dollars,  lawful 
money  of  the  United  States,  for  (here  specify  !  o 
amount  and  nature  of  the  indebtedness,  fully  and  ex¬ 
plicitly,  as  great  particularity  is  necessary;)  ana  oat 
he  the  said  E.  F.,  is  about  to  depart  this  str-.e,  (or, 
«  has  departed  from  this  state,”  as  the  case  may  be,) 
with  the" intention  of  having  his  effects,  and  personal 
estate  removed  without  the  limits  of  the  said  state  c*A 
Illinois,  (or  stands  in  defiance  of  an  officer  authorised 
to  arrest  him,  on  civil  process,  for  the  same  debt,  so 
that  the  ordinary  process  of  law  cannot  oe  served  on 
him*  in  which  case  the  creditor  should  mention  the 
name  and  description  of  the  officer,  the  nature  of  the 
process,  amount,  and  nature  of  the  demand,  &o.) 

A  •  B  * 

Subscribed,  and  sworn  to,  &c. 

G.  H.  Clerk  Circuit  Court . 

2.  Form  of  the  affidavit  of  the  creditor,  his  agent,  or  attorney  , 
in  cases  of  foreign  attachment. 


set. 


State  of  Illinois, 

County  of  ,  j  , 

This  day  personally  appeared  before  me,  the  under- 

signed,  clerk  of  the  circuit  court,  in, and  for  the  county 
and  state  aforesaid,  A.  B.  (or,C.  D.  agent,  or  attorney,  as 


forms  of  the 


34' 

the  case  may  be,)  of  the  county  of  ,  and  state  of 

JUS  iy  indebted  to  him  the  said  A.  B.in  thewmV* 

sdtateThiaWfUl  7°ne!  °f  ‘he  Ul’ited  Slates’  for  (here 
state  tne  amount  and  nature  of  the  indebtedness  h 

f  eat  Particularity ;)  that  the  said  £.  F.  is  not  a  resi- 

ent  of  this  state,  but  resides  in  the  said  county  of 

and  state  of  ,  and  that  he  the  said  A  B  verS  be’ 

frornetheasaidE  r°  C°UcCt  his  said  dabt,  so  due 

in  the  said  state  of  “  “  “of  territory' ^  t ^ 
bej  where  the  said  E.  F.  resides.*  *  "  c^e  may 
‘^vomto,  &c.  ' 

G.  H.,  C/er/c  circuit  court . 

3.  Form  of  the  writ  of  attachment.  (See  revised  code  of 1827 

p.  G9,  sec.  8.)  5 

vState  of  iflnois,  ) 

County  of  ,  |  sc^* 

The  people  of  the  State  of  Illinois, 

Whereas  A  fi  rif  °f  county,  greeting: 

.  ereas,  A.  B.  (or  C.  D.  agent,  or  attorney  of  A 

of  33  hathCeo  ay|bC,)  °f the  C°Unty  0f  *  aud  ^ate 

H  clori  of!i  P  mned  °n  oath  (°r  affirmation)  to  G. 
I/.,  clerk  of  the  circuit  court  of  county,  that  E.  F 

paried^Mssf  t’Vafe0ftheC0Unty’  where  he  has  de- 

i°n  defence  l  \ “T*1*  him^>  ” ^nd 
n  etrance  of  a  civil  officer  authorised  to  arrest  him 

witn  civil  process,  so  that  the  ordinary  process  of  law 

cannot  be  served  upon  him,  or  is  aboutte  depart  th 

statewith  intention  to  have  his  effects  and  personal  es- 


$ircuit  court. 


S3 


fate  removed  without  the  limits  of  the  same,  or  has 
left  the  state  with  the  intention  of  having  his  etfectsand 
personal  estate  removed  therefrom,  as  the  case  may 
be,  and  according  to  the  affidavit;)  and  the  said  A.  B. 
having  given  bond  and  security  according  to  the  act  in 
such  cases  made  and  provided: 

We,  therefore,  command  you,  that  you  attach  so 
much  of  the  estate,  real,  or  personal,  of  the  said  E.  F. 
to  he  found  in  your  county,  as  shall  be  of  value  suffi¬ 
cient  to  satisfy  the  said  debt  and  costs,  according  to  the 
said  complaint:  and  such  estate  so  attached  in  your 
hands  to  secure,  or  so  to  provide,  that  the  same  may  he 
liable  to  further  proceedings  thereupon,  according  to 
law,  at  a  circuit  court  to  be  holden  at  ,  for  the 
county  of  ,on  the  day  of  next;  so  as  to 
compel  the  said  E.  F.  to  appear  and  answer  the  com¬ 
plaint  of  the  said  A.  B. ;  and  that  you  also  summon  J. 
K.  as  garnishee,  to  be  and  appear  before  the  said  court, 
on  the  said  day  of  next;  then  and  there  to  an¬ 
swer  what  may  be  objected  against  him;  when  and 
wrhere  you  shall  make  known  to  the  said  court,  bow 
vou  have  executed  this  writ.  And  have  you  then  and 
there  this  writ. ' 

fL.  L.]  Witness  the  Hon.  L.  M.  judge,  &c. 

Teste,  G.  H.  Clerk  circuit  court . 

4.  Form  of  the  attachment  bond.  (See  revised  code  of  1827,, 

p.  70,  sec.  8.) 

Know  all  men,  <Slc.  (double  the  sum  for  which  com¬ 
plaint  is  made.) 

The  condition  of  this  obligation  is  such,  that  where¬ 
as,  the  above  bounden  A.  B.  hath,  on  the  day  of  the 
date  hereof,  prayed  an  attachment  at  the  suit  of  him 
the  said  A.  B.  against  the  estate  of  the  above  nam¬ 
ed  E.  F.  for  the  sum  of  dollars,  lawful  money  of 

*When  no  person  is  named  by  the  creditor,  as  being  indebt¬ 
ed  to,  or  having  effects  in  his  possession  belonging  to  the 
debtor,  that  part  of  the  writ  which  relates  to  the  garnishee, 
should  he  omitted.  Writs  of  attachment  may  issue  to  gny 
ponnty  in  the  state.  (See  revised  code  of  1829,  p.  8:^ 


30 


forms  of  the 


the  United  States;  and  the  same  being  about  to  be 
sued  out,  returnable  on  the  day  of  next,  to  the 
term  of  the  circuit  court,  then  and  there  to  be  hol- 
den,  in,  and  for  the  said  county  of  .  Now,  if  the 
Scmd  A.  U. -shall  prosecute  his  said  suit  with  effect,  or 
m  case  of  failure  therein,  shall  well  and  truly  pav  and 
satisfy  the  said  E,  F  all  such  costs  in  said'sffih  and 
suen  damages  as  shall  be  awarded  against  the  said  A. 
b.,  ms  neirs,  executors,  or  administrators,  in  such  suit’ 
or  suits,  w.iich  may  hereafter  be  brought  for  wrongful* 
ly  suing  out  the  said  attachment,  then  the  above  obli- 
gation,  &c.  ,  A,  B.  [L.  S.j 

rp  |  .  .  R.  8.  [L.  S.J 

I  a  ken,  nn.1  entered  into,  before  me, 

it  my  ofiice  in  ,  this  day  of  9 


As 


D. 


■•'V 


Of 


I  este,  G.  H.  Clerk  circuit  court • 

‘.  Form  of  a  furthcoming  bond,  to  be  given  to  the  sheriff  by 
tne  defendant,  wheu  he  is  desirous  of  remaining  in  posses¬ 
sion  o,  tae  property  levied  upon  by  the  attachment.  (See* 
revised  code  of  1827,  p.  70,  sec,  9.)  1 

Know  all  men,  &c.  unto  J.  K.  sheriff  of  the  county 
1  state  aforesaid,  and  ids  successors  in  office 

thhc.  (double  the  value  of  the  property.) 

I  he  condition  of  t tie  above  obligation  is  such,  that 
whereas,  on  the  day  of  ,  A.  D.  ,  a  writ  of 
attachment  issued  out  of  the  clerk’s  office  of  the  cir- 
cuit  court,  in,  and  for  the  county  of  ,  and  state  of 

•  i  £atJh*  Suit  of  A*  B*  and  against  the  estate  of  the 
sau!  b.  K  for  the  sum  of  dollars,  lawful  money  of 
the  United  States,  directed  to  the  said  J.  K.  sheriff  as 
aforesaid,  to  execute;  which  said  writ  of  attachment 
came  to  the  hands  of  the  said  sheriff  on  the  day  of 
,  A.  D.  ,  and  was  afterwards,  to  wit,  on  the 
day  of  ,  A.  D.  ,  levied  by  him  on  the  following 
described  property,  of  him  the  said  E.  F.,  to  wit;  (here 
describe  the  property  levied  upon,)  and.  the  said  E.  F. 
being  desirous  of  remaining  in  possession  of  the  same; 
and  having  tendered  R.  S.  as  his  security  for  the  forth’ 


CIRCUIT  COURT. 


coming  thereof  to  answer  such  judgment  as  may  be 
rendered  against  him  in  favor  of  the  said  A.  B.  m  this 
behalf;  which  said  security  is  approved  of  by  the  sher¬ 
iff;  Now,  if  the  said  estate  and  property  shall  be  forth¬ 
coming  by  the  said  E.  F.,  to  answer  such  judgment 
as  the  said  court  may  render  against  him,  in  favor  of 
the  said  A.  B.,  in  the  said  suit,  then  the  above  obl.ga- 

kip  it] 

Taken  and  entered  into,  &c. 


6.  Form  of  the  replevy  bond,  to  be  given  to  the  sheriff,  by  f he 
defendant,  on  serving  the  writ  of  attachment,  and  uefore 
the  return  day  thereof.  (See  revised  code  qf  1827,  p.  70, 
sec.  10.) 


Kno  v  all  men,  &c.  (double  the  value  of  the  proper¬ 
ty  attached.) 

The  condition  of  the  above  obligation  is  such,  that 

whereas,  on  the  day  of  ,  A. .  D.  ,  a  writ  of 
attachment  issued  out  of  the  clerk  s  office  of  the  cir¬ 
cuit  court,  in,  and  lor  the  county  of  and  state  of 
,  at  the  suit  of  A.  B.  and  against  the  estate  of  the 
said  E.  F.,  for  the  sum  of  dollars,  lawful  money  of 
the  United  States,  directed  to  the  said  J.  K.,  sheriff  of 
the  county  of  ,  to  execute;  which  said  writ  of  at¬ 
tachment  came  to  the  hands  of  the  said  shei  iff  on  the 
day  of  ,  A.  D.  ,  and  was  afterwards,  to 
wit,  on  the  day  of  '  ,  of  the  year  last  aforesaid, 

by  the  said  sheriff;  levied  on,  (here  describe  the  prop¬ 
erty  levied  upon  particularly ;)  and  the  said  E.  F.  being 
desirous  to  replevy  the  said  goods  and  chattels:  (or 
whatever  is  levied  upon)  and  having  tendered  the  said 
T.  W.  as  his  security,  who  is  approved  of  by  the  said 
sheriff:  Now,  if  the  said  E.  F.  shall  personally  he  and 
appear  before  the  judge  of  the  circuit  court  of  the  said 
county  of  ,  on  the  first  day  of  the  next  term  thereof, 
to  be  hoi  den  at  the  court  house  in  ,  on  the  day 
of  next,  it  being  the  day  on  which  the  said  writ  is 
returnable,  and  shall  further  abide  by,  and  perform 
D 


-  Otj 


FORMS  of  the 


such  order  and  judgment,  as  the  said  court  shall  make 
Jn  the  premises;  (hen  the  above  obligation,  &e. 

E.  F.  [L.  S.] 

,r  ,  .  , .  T.  W.  [L.  S.1 

i  a  ken,  and  entered  into,  &,c. 

J.  K.  Sheriff  county ,  Illinois . 


7‘  °f  the  n0tiCf  to  the  defe»dant,  to  be  published  by  the 
of  1827,'p?  72,Ssec!  is.f hC  aUachment-  (See  revised  code 


State  of  Illinois,)  circuit  court, 

bounty  of  ,J  ^  To.the  term,  A.  D. 

A.  13.  ) 

vs.  >  On  Attachment. 

E.  F.  ) 

Public  notice  is  hereby  given  to  the  said  E.  ,  0f 
the  county  of  and  state  of  ,  that  a  writ  of  at- 
taenment  issued  out  of  the  clerk’s  office  of  the  circuit 
court,  in,  and  for  the  county  of  and  state  of  Illinois 
dated  the  day  of  ,  A.  D.  ,  at  the  suit  of  a! 

,  of  the  COUnty  of  ,  and  state  of  ,  and  against 
the  estate  of  the  said'  E.  F.,  for  the  sum  of  dollars 
directed  to  J.  K.,  sherifToi  the  said  county  of  (q 
execute;  which  said  writ  has  been  returned  by  the 
said  sheriff,  as  levied  upon  the  following  described 
property,  to  wit,  (here  mention  the  property  levied  up- 
pon:)  Now,  unless  you  the  said  E.  F.  shall  personally 
be  and  appear  before  the  judge  of  the  said  circuit 
court,  on  the  first  day  of  the  next  term  thereof,  to  be 
h olden  at  the  court  house  in  ,  on  the  Monday 
in  the  month  of  next,  give  special  bail  and  plead  to 
tne  said  plaintiff’s  action,  judgment  will  be  entered 
against  you,  in  favor  of  the  said  A.  B.,  and  the  said  es¬ 
tate  so  attached  as  aforesaid,  will  be  sold  to  satisfy  the 
same,  with  costs. 

G.  H.  Clerk  Cir&it  Court . 

une  ,  A.  D. 


Circuit  court. 


39 


k  Vorm  of  an  order  for  the  publication  of  notrcfe  to  the  uc- 
fondant,  in  oases  of  foreign  attachment.  (&ec  revised  code 
of  1327,  p.  72,  sec.  12.) 


State  of  Illinois,  }  sct 
county  and  circuit,^ 

A.  B.  ) 

V  F 


term,  A.  D» 


YS. 


yo.  Foreign  Attachment. 

This  day  came  the.  plaintiff  by  E.  F.,  his  attorney, 
and  it  appearing  to  the  satisfaction  of  the =  cour ., .tha. 
the  defendant  C.  D.  is  not  an  inhabitant  of  this  state, 
and  he  having  failed  to  enteritis  appearance  herein, 
and  give  special  bail,  according  to  law  and  the  rales 
of  said  court:  It  is  therefore  ordered  oy  the  smd..ou.t, 
that  the  said  defendant  be  notified,  that  a  writ ■  ot  ior- 
eign  attachment  has  issued  out  of  the  said  cucuit  ecu  t, 
at  the  suit  of  the  said  A.  B.,  against  his  estate,  for  the 
sumof  dollars;  and  that  unless  he  appear,  give 
pecial  bail,  and  plead  to  the  said  suit  in  attachment 
on,  or  before  the  lirst  day  of  the  next  term  of  the  sate 
court,  to  be  holden  at  the  court  house  in  ,  on  live 
Monday,  in  the  month  of  next,  judgment  will 
he  entered  against  him  by  default,  and  the  estate  at¬ 
tached  will  be  directed  to  be  sold  according  to  lav,,  .or 
the  satisfaction  thereof,  together  with  the  costs  o  said 
suit-  and  it  is  further  ordered,  tnat  a  copy  of  this  or- 
der  be  published  in  the  ,  a  public  newspaper, 
printed  in  the  town  of  ,  in  said  state,  for  wee  s 
(the  number  of  times  fixed  by  the  court,)  successively, 
the  first  insertion  whereof,  to  be  made  within  3“ 

from  the  date  hereof;  and  this  cause  be  continued  until 

the  «a'd  next  term  ot  this  court. 

'  A  COpy— Teste,  G.  H.  Glerk  circuit  court. 


40 


50 RMS  OF  THE 


claimed  hy  ^  ’(See' "  P,roPf' *  aUfchea 

70,  see.  19.)  •  P  ‘  (fece  revised  code  of  1827,  p. 

A.  B,  ) 

*s\  /  On  Attachment. 

O  D  hv  r  tt  h’  *errn>  A.  D.  « 

(ho 1:'  1  ;  h,IS^t0rne>’’  C0l7>es,  and  as  well  at 
F  ,  ' 1  oP  1  e  sald  A-  B-  as  at  the  suit  of  the  said  £. 

•  ?  dePentJs  the  wrong,  and  injury,  when,  &c.  and  for 
interpleader  saith,  that  on  the  day  of  A  1) 

,  a  writ  of  attachment  issued  from  the  clerk’s  office" 
of  the  circuit  court,  in,  and  for  the  county  of  and 
state  of  Illinois,  at  the  suit  of  the  said  A.  B  and  atmi„cf 
Uie  estate  of  the  said  E.  F.,  directed  hffie  sheriff 

on 'the  C°da/’o7  «*e  ««d  sheriff  did, 

goods  and  chattels,  to  wit,  (here  descVib^thc^operTv  ) 
and  tor  .he  goods  and  chattels  of  the  said  F 

And  the  said  C.  D  in  firt  m  ±  -,i  1  Lj'  1  • 

c.  In  Iact  saith,  ihat  neither  at  the 

time  of  issuing,  nor  ot  levying  the  said  writ  ofattach- 
meiu,  in  manner  and  form  aforesaid,  were  the  said 
goods  and  chattels,  or  any  part  thereof,  the  property  of 
t  sau.r„  P.;  but  on  the  contrary,  the  same  and  eve- 

4PsaId  CC1D  toVCret  iC,r°Per  S00is  and  Chattels  of 

i.ie  saicl  U  I).,  to  wit,  at  the  county  and  circuit  afore 
sanJ;  and  this  he  is  ready  to  verify.  Wherefore  he 
the  said  C.  D.  prays  judgment  whether  (he  court  will 
ant  judgment,  and  award  execution,  directing  a  sale 
of  the  said  goods  and  chattels,  as  the  property  of  the 
said  E.  F.,  to  satisfy  the  said  A.  B.  of  his  debt  and  colt* 
in  the  said  attachment  mentioned.  " 

G.  FI.  Atly.  for  C.  D, 

10.  Replication  to  the  above  pleo. 

A.  B.  ) 

vs.  s  On  Attachment. 

E.  F.  ) 

And  the  said  A.  B.  saith,  that  he,  by  reason  of  any 
mg  >y  the  said  C,  D,  above  in  interpleading  alleg- 


CIRCUIT  COURT. 


41 

r>d,  ought  not  to  bo  precluded  from  having  judgment 
and  execution  thereon,  directing  a  sale  of  the  goods  and 
chattels,  in  the  plea  of  the  said  C.  D.  mentioned  be¬ 
cause  he  saith,  that  at  the  time  of  issuing,  and  o  J 
ing  the  said  writ  of  attachment,  t.  e  sai  g 
chattels,  and  every  part  thereof,  weie  ,  •  P  P 
goods  and  chattels  of  the  said  E.  F.,  and  not  of  the  said 

he  pr,1‘  *  ’*■ 

(See  revised  code  of  1827,  p.  73, sec.  Is.) 

State  of  Illinois,  )  sct< 

County  of  ^he  people  of  the  State  of  Illinois, 

To  the  sheriff  of  county,  greeting: 
Whereas,  a  certain  writ  of  attachment,  dated  the 
day  of  ,  A.  D.  ,  issued  out  of  the  clerk  s  office 
of  the  circuit  court  of  said  county,  at  the  suit  of  A.  ., 
and  against  the  estate  of  E.  F.,  for  the  sum  of  dol¬ 
lars,  directed  to  the  sheriff  of  the  said  county,  and 
which  said  writ  of  attachment  has  been  returned  } 
the  said  sheriff,  into  the  said  circuit  court;  by  wmc.i  u 
appears,  that  C.  D.,  of  the  said  county,  was  summoned 
by  the  said  sheriff  as  a  garnishee,  to  appear  before  tne 
judge  of  the  said  circuit  court,  on  the  first  day  of  toe 
*  '  term  of  said  court,  which  was  holden  at  the  court 

house  in  ,  on  the  Monday,  in  the  month  of  , 

last  past,  to  answer  whatever  should  then  and  toere  dc 
objected  against  him  as  such  garnishee;  and  judgment 
having  been  entered  in  favor  of  the  said  A.  b.,  and 
against  the  said  E.  F.,  in  the  said  suit,  for  the  sum  o. 

dollars;  and  the  said  garnishee  having  failed  to 
appear  at  the  said  court,  on  the  day  to  which  he  was 
summoned  as  aforesaid,  to  discover  on  hisoa  a,  ant  an 
swer  touching  the  lands,  tenements.  go?v  *,  c>,a  .e  s, 
moneys,  credits  and  effects  ot  the  said  E.  •  1  . 

value  thereof,  in  his  possession,  acconung  >  "  '■ 
whereby  a  conditional  judgment  has  been  entercc 

T)  9 


42 


forms  Of  THE 


Sd "u^of thC  *»  -art,  for  the 

commanded  to  summon  the  said  C.  of to  be’and'up’ 
hr  t'dav  ofe('nejUdSe  °f  the  said  circuit  court,'  oj  'the 

srs 

Kfte;th;  Hon-. L- M- judge,  &c. 

•i  Care,  Lx.  Jrl.  G/er£  czrcwt*  cowr/. 

6.  i)Vnt.  (See  revised  code  of  1327,y>.  82.) 

3' For,n of  the affid\r^j XVS", a  r fendant  t0 ^ s^ia> 

Daib  id  a  civil  action. 

State  of  Illinois, 

County  of 

ed  dorhof  th7S°nallrPPeared  before  the  undersign- 
e cl,  clerk  ot  the  circuit  court,  m,  and  for  the  county  and 

“‘  °  ^ChoTs'ni  A'S’  °f  the  C°Untj  °f  a,ld  sta,e  Of 

•?  w  l.o  is  about  to  commence  a  suit  ae-ainst  C  11 
a-I  made  oath,  that  the  said  C.  D.  wf  ^l  'indeK- 

d  e  UnUod" sff SUmr  °{n  d°llarS  curr‘ent  monev  o f 
ne  Um  tcd  States,  for  (here  state  the  nature  of '(he 

-JelU,  or  damages i  particularly ;)  arid  that  the  said  debt 

I  ainages,)  or  toe  benefit  of  whatever  judgment  mav 

ae  obtained  hj>  the  said  A.  B.  against  the  said  C  D  in 

the  said  circuit  court,  will  be  in  danger  of  being  lost 

Sworn  to,  and.  subscribed,  &c. 

1  C:'  :  e*  ^T*  H.,  Clerk  circuit  court . 

*The  above  affidavit  may  also  be  made  by  any  credible  ner 

may  be  duly  authorised  to  administer  an  oath.  det’  "  ',0 


V 


CIRCUIT  COURT* 


43 


S.  Form  of  a  bail  bond,  to  be  taken  by  the  sheriff  l  eases  of 
special  bail  in  civil  actions,  (bee  revised  code  ot  1827,  p. 

83,  sec.  2.) 

Know  all  men,  &c.  A.  B.  and  C.  D.  are  held  &c.  unto 
E.  F.,  sheriif  of  said  county,  and  his  successors  in  ol- 
fice  &c.  (double  the  sum  for  which  bail  is  required.) 

The  condition  of  this  obligation  is  such,  that  where¬ 
as  G.  H.  has  lately  sued  out  of  the  circuit  court  ot  the 
county  of  ,  a  certain  writ  o i capias  ad  respondendum,  m 
a  certain  plea  of  ,  against  the  above  bound  A.  B., 
returnable  to  the  next  term  ol  the  said  circuit  corn.,  to 
beholden  at  the  courthouse  in  ,  on  the  Monday 
in  the  month  of  next:  Now,  n  the  said  A.  B.  shad 
be  and  appear  at  the  said  court,  to  be  holden  at  the 
court  house  in  ,  on  the  said  Monday  in  the 
month  of  next;  and  in  case  the  said  G.  >•  shall 
not  be  received,  as  bail  in  the  said  action,  shal  put  in 
good  and  sufficient  bail,  which  shall  be  received  by  the 
plaintiff,  or  shall  be  adjudged  sufficient  by  the  court;  or 
the  said  C.  D.  being  accepted  as  bail,  snail  pay  anc 
satisfy  the  costs  and  condemnation  money,  which  may 
be  rendered  against  him  the  said  A.  B.,  in  tne  p  ea 
aforesaid;  or  surrender  the  body  of  the  said  A.  b.  in 
execution,  in  case  he  the  said  A.  B.  shall  not  pay  and 
satisfy  the  said  costs  and  condemnation  money,  or  sur¬ 
render  himself  in  execution,  when  by  law  such  surren¬ 
der  is  required;  then  this  obligation,  &c. 

A.  B.  (L.  b.J 

C.  D.  [L.  S.] 

Taken  and  entered  into,  <Slc. 

E.  F.  Sheriff  county . 


3.  Form  of  the  bail  bond  to  be  taken  by  the  sheriff,  in  crimin¬ 
al  cases.  (See  revised  code  ot  1827,  p.  159,  sec.  loo.) 

Know  all  men,  &c.  are  held,  &o.  unto  the  people  of 
the  state  of  Illinois,  &c.  (the  sum  fixed  by  the  court, 

and  endorsed  on  the  capias.) 

The  condition  of  the  above  obligation  is  sue  that  it 
the  above  bounden  A*  B*  shall  personally  be  and  up- 


44 


forms  of  the 


pear  before  the  judge  of  the  circuit  court,  in,  and  for 

tne  county  °(  and  state  of  Illinois,  on  the  first  day 

..e  next  term  thereof,  to  he  holden  at  the  court  house 

n  thc  (  Monday  in  the  month  of  next, 

>  ee.  nrof  T  ansTer '°  an  indictment  which  has 
o  prefered  against  him  by  the  grand  jury  of  the 

siateoTi!  7  f  ’  at  ,‘he  soit  of  the  said  people  of  the 
l  7S’fo!’  aa<?  concero>ng  the  crime  of  (here 

thhout V H  ,e  SmdrC“Urt;  and  shail  not  depart  thence, 
aance,  &c  6  °f  “le  Sau!  court’  the,i  tUs  recogni- 


I  certify,  that  this  recognizance  was 
taken  by,  and  entered  into  before  me, 
this  t  day  of  A,  D.  . 

(j.  la,  sheriff  eounty ,  III, 


A.  B.  [L.  S.] 
C.  D.  [L.  S.] 
E.  F.  [L.  S.] 


4.  Form  offhe  recognizance  of  special  bail,  in  civil  cases. 


set. 


circuit  court, 
term,  A.  D. 


Strife  of  Illinois,  ^ 

County  of  .  i 

A.  B*  A  , 
vs,  V  In  Case. 

C.  D. ) 

Be  it  remembered,  that  on  the  day  of  A.  D 

sittin’"  ry  ifTS  in  ,°£e"  C0U/‘’ the  conft'ju'diciallv 

cf  f  toVnVD’-  F‘  and  G*  the  c°unty  of  and 
state  of  Illinois, and  severally  acknowledged  themselves 

to  owe  and  be  indebted  to  A.  B.,  also  of  the  said  coun¬ 
ty  and  state;  the  said  C.  D.,  in  the  sum  of  dollars- 
and  the  said  E.  F.  and  G.  H.,  in  the  sum  of  dollars 
each ;  to  be  levied  of  their  respective  goods  and  chat¬ 
tels,  lands  mid  tenements,  for  the  use  of  the  said  A.  B.  • 
yet  upon  this  condition:  that  if  the  said  C.  D.  shall 
5Poffl  °  be,c^c(ed>  in  the  plea  aforesaid,  at  the 

th™  o'  B*’.,n  the  said  ^‘',on  of  trespass  on 

•  he  case,  (or  as  the  action  is,)  and  shall  thereupon  well 


CIRCUIT  COURT, 

and  truly  pay  and  satisfy  the  said  A.  B.  of  all  such  dam¬ 
ages,  costs  and  charges,  (or  if  the  cost  he  m  deb  ,  say 

«  as  well  the  said  debt,  as  all  such  damages,  costs  and 
charges”)  as  shall  be  adjudged  to  him  in  the  plea  afore- 
said,  or  surrender  himself  in  execution,  when  l\y  l 
such  surrender  is  required;  then  this  recognizance,  &c. 

5.  Form  of  a  bail  piece. 


State  of  Illinois,  )  gc^ 


vie  )  J  circuit  court, 

n  i  nf  4  SCl*  term,  A.  D. 

C.  t>.  of  the  county  of  and  state  of  Illinois,  is  de¬ 

livered  to  bail  upon  the  taking  of  his  body,  on  the 
iav  nf  \  D.  ,  toE.  F.  and  G.  H.,  also  ot  tuc 

said  county,  at  the  suit  of  A.  B.,  in  a  plea  of  trespass 
on  the  case: (or  as  the  action  may  be,)  the  defendant, 
in  the  sum  of  dollars;  and  each  ol  the  bad  in 

dollars. 

fL.  S.l  In  testimony  whereof,  &c. 

L  J  L.  M.  Clerk  circuit  court . 

6.  Form  of  the  recognizance  of  bail  in  criminal  cases,  v/hen 
the  same  is  taken  in  open  couit,  . 

This  day  personally  appeared  in  open  court,  the 
court  judicially  sitting,  A.  B.,  C.  D.  and  L.  F .,  of  t. 
county  of  and  state  of  Illinois,  and  severally  ac¬ 
knowledged  themselves  to  owe  and  be  indebted  o  re 
people  of  the  state  of  Illinois,  that  is  to  say:  the  said 
A.  B„  in  the  sum  of  dollars;  and  he  said  C.  D. 
and  E.  F.,  in  the  sum  of  dollars  each,  cm  rent  mon 
cy  of  the  United  States,  to  he  levied  of  their  respec¬ 
tive  goods  and  chattels,  lands  and  tenements,  for  b  e 
use  of  the  people  aforesaid;  yet  upon  this  condition, 
that  if  the  said  A.  B.  shall  make  default  in  the  per  form- 
ance  of  the  condition  underwritten.  > 

The  condition  of  this  recognizance  is  such,  that 
the  above  honnden  A.  B.  shall  personally  <  an 
near  before  the  judge  of  the  circuit  court,  in,  and  foi 

the  county  and  state  aforesaid,  on  tnelirs'  ay  o  c 

next  term  thereof,  to  be  holden  at  the  courthouse  in 
,  on  the  Monday  in  the  month  ot  next, 


forms  of  the 


of  m,and  t!lfCre  t0  fnswer  t0  the  said  PeoP,e  of  the  state 
f  II  I  ,oi»,  for,  and  concerning  the  crime  of  (here  re- 
cite  t.ie  ■nature  of  the  offence,)  with  which  the  said  A. 
o.  SLdods  caarged  before  the  said  circuit  court,  as  by  a 
certain  hiil  of  indictment  preferred  against  him.  by  the 
grai.d  jury  cf  the  said  county,  in  that  behalf  appears  • 
and  shah,  a.so  then  and  there  do  and  receive  Whitehall’ 
by  toe  said  court,  be  ordered  and  adjudged  in  the 
premises,  and  shall  not  depart  thence  without  the  leave 
' 1  sa‘a  court;  then  this  recognizance  to  be  void,  &c. 

'  ■  *f°™  °/  the  recognizance,  to  replevy  the  fine  and  costs 
im7p  T64,nsec“l8r.)iminal  Ca-56-  (SCe  rCTised  code  of 

Pers°naily  appeared  in  open  court,  the  court 
t  o  r  £rr!,ng’  A-  B‘  a:id  P.  D.,  of  the  county  of  ■  ■ 
and  nrknn0^1 ,H10‘sdtlle  security  to  be  a  freeholder.) 
i  i  , .  7  edged  thcmselves  to  be  jointly  and  severaj- 
•y  indehted  to  the  people  of  the  slate  of  Illinois,  in  the 

r_„.  ,  .  ,  dollars,  (the  amount  of  the  fine  and 

cos.s,)  lawful  money  of  the  United  States,  to  he  levi- 
:a  ta.eir  respective  goods  and  chattels,  lands  and 
tenements,  and  for  the  use  of  the  said  people,  and  such 
persons asshall  be  entitled  thereto  rendered;  vet  upon 
this  condition:  if  the  said  A.  B.  shall  make  default" 

L  j  •  .  •  -  condition  underwritten. 

,  ]e  condition  ot  this  recognizance  is  such.,  that 

e,.*1 |'7aS’  tef7‘d  A>  ilas  been  convicted  at  the  pres- 
;  j'n?  °£thls  of  the  crime  of  ,  (bere’des- 

fine  a*a?n°sf  l"Cft,)/°r7hich  the said court  has  assessed  a 
fine  against  him,  for  the  sum  of  dollars,  and  the 

/  »°-  Probation,  which  amount  to  (he  further  sum 

dollars,  making  together  the  sum  of  ,  as  an- 

pears  by  the  judgment  of  the  court  in  that  behalf  re n- 

dereu;  and  (he  said  A.  B.  being  desirous  of  replevy. 

same  wording  to  law,  tendered  the  said  C.  I) 

of  vr“n,Vhetf!?’  Wh°  is  arf'eP!f,d  ar-.d  approved 
'  !  r  4i  °Ur  ’ ,,lld  *ne  Sal(l  A.  B.  thereupon  discharg¬ 
ed  from  the  custody  of  (he  sheriff:  Now,  if  the  said  A, 


CJRGUIT  COURT. 


47 


B.  shall  well  and  truly  pay,  or  cause  to  be  paid,  the 
amount  of  the  said  fine  and  costs,  to  the  persons  there¬ 
to  entitled,  or  authorised  by  law  to  receive  the  same, 
within  five  months,  from  the  date  hereof,  then  the 
above  recognizance  to  be  void,  &c. 

9.  Form  of  the  scire  facias  against  bail  in  criminal  cases. 

State  of  Illinois,  )  ^ 

County  of  ,  > 

The  people  of  the  State  of  Illinois, 

To  the  sheriff  of  county,  greeting: 

Whereas,  A.  B.,  C.  D.  and  E.  F.,  of  the  county  and 
state  aforesaid,  on  the  day  of  ,  in  the  year  of 
**  our  Lord,  one  thousaud,  eight  hundred  and  ,  came 
Cine)  the  circuit  court  of  said  county,  before  the  judge 
thereof,  in  their  proper  persons,  and  acknow  ledged 
^themselves  severally  to  owe,  and  be  indebted  to  the 
people  of  the  state  of  Illinois;  the  said  A.  B.  as  priucb 
‘  pal,  in  the  sum  of  dollars,  and  (he  said  C.  D.  and  E. 
F.vas  hail,  in  the  sum  of  dollars  each,  current  mon¬ 
ey  of  the  United  States,  to  be  levied  of  their  respec¬ 
tive  goods  and  chattels,  lands  and  tenements,  for  the 
use  of  the  people  aforesaid;  provided  the  said  A.  B., 
against. whom  an  indictment  had  been  preferred  in  the 
said  circuit  court,  for,  and  concerning  the  crime  of 
(lie re  recite  the  offence,)  should  fail  to  appear  before 
the  judge  of  the  said  court,  on  the  first  day  of  the  next 
term  thereof,  to  be  holden  at  the  court  house  in  , 
on  the  Monday  in  the  month  of  ,  A.  D.  , 
to  answer  to  the  said  charge;  and  the  said  A.  B.  hav¬ 
ing  failed  to  appear  at  the  said  term,  of  the  said  circuit 
court,  to  answer  to  the  said  charge,  as  we  by  the  sug¬ 
gestion  of  the  people  aforesaid,  by  their  state’s  attorney 
have  understood :  We,  therefore,  command  you  to  sum¬ 
mon  the  said  C.  D.  and  E.  F.,  if  to  be  found  in  your 
county,  to  be  and  appear  before  the  judge  of  our  said 
circuit  court,  on  the  first  day  of  the  next  term  thereof, 
to  be  holden  at  the  court  house  in  ,  on  the 
Monday  in  the  month  of  next,  to  show  cause,  if  any 


48 


FORMS  OF  rfi.lL 


they  can,  why  the  said  people  of  the  state  of  Illinois, 
ought  not  to  have  execution  against  them  severally,  for 
the  said  several  sums  of  mo.  ey,  for  which  they  are  re¬ 
spectively  bound,  according  to  the  force,  form  a,  d  ef¬ 
fect  of  their  said  recognizance;  and  further  to  do  and 
receive  whatever  our  ^aid  court  shall  then  and  there 
consider  and  adjudge  agai  st  them,  in  that  behalf. 
Hereof  make  return  as  the  law  directs,  and  have  you 
then  and  there  this  writ. 

[L.  S.  ]  Witness  the  Hon.  T.  W.  S.  judge,  &c. 

Teste,  G.  H.  Clerk « 

10.  Form  of  an  exhonoratur  in  the  circuit  court. 

Ordered,  that  C.  D.  and  E.  F.  be  discharged  and  ex- 
honofated  from  all  damage  and  liability,  o  j  account  of 
their  undertaking  as  bail  for  A.  B.,  at  the  suit  oi'G.H., 
in  a  certain  bond  of  recognizance,  dated  the  day  of 
A.  D.  ,  the  said  (here  state  the  particular  rea¬ 
sons  for  the  discharge.) 

7.  Chancery .  ( See  revised  code  of  1827,y>.  88.) 

1.  Form  of  a  summons  or  subpoena  in  chancery.  (See  revised 

code  of  1827,  p.  88,  sec.  3.) 

State  of  Illinois,  )  , 

County  of  .  \  Sct 

The  people  of  the  state  of  Illinois, 

,  To  the  sheriff  of  said  county,  greeting: 

We  command  you  to  summon  C.  D.,if  to  be  found  in 
your  county,  personally  to  be  and  appear  before  the 
judge  of  our  circuit  court,  to  be  holden,  in,  and  for  the 
said  county  and  state,  at  the  court  house  in  ,  on 
the  Monday  in  the  month  of  next,  to  answer  the 
matters  and  things  contained  in  a  certain  bill  in  chan¬ 
cery,  exhibited  against  him,  by  A.  B.,  our  said  court, 
on  the  chancery  side  thereof;  and  further  to  do  and  re¬ 
ceive  whatever  the  said  court  may  then  and  there  con- 


CiiReUIT  COURT. 


aider  in  this  behalf.  And  this  he  shall  in  nowise  omit; 
and  have  you  then  and  there  this  writ. 

[L.  S.l  VVitness  the  Hon.  T.  C.  B.  judge,  &c. 


2.  Form  of  the  affidavit  of  the  non-residence  of  a  defendant* 
(Bee  Revised  code  of  1827,  p.  89,  Sec.  5.) 


State  of  Illinois, 

county  and  circuit 


term,  A.  D. 


A.  B.  ) 

vs.  >  In  Chancery. 

C.  D.  ) 

A.  B.  (or  any  credible  witness,)  of  the  county  of 
and  state  of  Illinois,  being  first  duly  sworn  according  to 
law,  deposes  and  says,  that  C.  D.  the  defendant  in  the 
said  suit  in  chancery,  resides  without  the  limits  of  the 
said  state,  (or,  hath  gone  out  of  the  said  state,  or  cannot 
on  due  enquiry  be  found,  or  doth  conceal  himself  there¬ 
in,)  so  that  process  of  the  law  cannot  be  served  upon 
him,  in  the  said  suit.  And  further  the  said  deponant 
saith  not. 

Subscribed,  and  sworn  to,&x. 

Teste,  G.  H.  Clerk . 

3.  Form  of  the  order  for  the  publication  of  notice  to  non-resi¬ 
dent  defendants.  (See  revised  code  of  1827,  p.  89,  sec.  5.) 

State  of  Illinois,  )  . 


term,  A.  D. 


county  and  circuit, 


■? 


vs.  >  In  Chancery. 


This  day  came  the  complainant  by  E.  F.  bis  solicitor, 
and  it  appearing  to  the  satisfaction  of  the  court,  by  the 
affidavit  of  G.  H.  that  the  defendant  C.  D.  is  not  an  in¬ 
habitant  of  this  state;  and  be  having  failed  to  enter  his 
appearance  herein  agreeably  to  law  and  the  rules  of 
this  court:  It  is  therefore  ordered,  on  the  motion  of  the 
said  complainant,  that  unless  the  said  defendant  shall 
personally  be  and  appear  before  the  judge  of  the  sai*i 


E 


FORMS  of  TH£ 


oU 


set. 


circuit  court,  on,  or  before  the  first  day  of  the  next  term 
thereof,  to  be  holden  at  the  court  l.ouL  In  “on  ie 
Monday  in  the  month  of  next  to  answer  the 
allegations  find  charges  contained  in  the  said  comph-Iin- 
.  nt  s  bill,  winch  has  been  exhibited  against  him  in  the 
said  court,  on  the  chancery  side  thereof;  the  same  will 
jc  taken  as  confessed  against  him,  and  the  matters 
Jereof  decreed  accordingly;  audit  is  further  ordered 
Uiat  a  copy  of  this  order  be  published  in  the  a 

pubhc  newspaper  printed  in  thetownof  .insa’id 

*7'?’  f?,r  fo"r"'?eks  successively,  once  at  leas'  in  cvrve 
rveek;  the  first  insertion  whereof  to  be  made  within 

'7  c  'as  from  the  date  hereof;  and  that  this  cause  be 
continued  until  (he  said  next  term  of  this  court. 

J  c0‘'  Teste,  G.  H  .Clerk  circuit  court. 

4'  TLe  f°rm  °f '  M< ecree  or  bill,  answer  and  depositions.  (See 
1  Harrison  s  Chancery,  p.  439,440.)  1 

State  of  Illinois,  } 

county  and  circuit,  i 

•  A.  B.  )  % 

vs.  >  In  Chancery, 

C.  D.  ) 

This  cause  coming  on  yesterday,  as  also  on  this 
present  day,  to  be  heard  and  debated  before  the  Hon. 
N-  Judge-  of  the  said  circuit  court,  by  E.  F  of 
counsel  for  the  complainant,  and  G.  H.  of  counsel  ' for 
t  e  defendant,  on  the  bill,  answer  and  depositions  filed 
and  exhibited  in  the  said  cause;  the  substance  of  the 
complainant  s  hill  appeared  to  be  (here  recite  the  sub¬ 
stance  of  the  bill  briefly.)  And  to  be  relieved  in  the 
premises  is  the  scope  of  the  complainant’s  hill.  Where¬ 
to  lue  defendant  by  his  council  alleged. that  he  by  an 
swer  admits,  &c.  (here  set  forth  the  material  parts  of 
the  answer.)  W  hereupon,  upon  the  reading  of  the  said 

,  1  '  a'!*.wf,r»  a,,d  the  depositions  t;  ■  •  a.-d  exhibit¬ 
ed  asproofs  in  this  cause,  and  upon  del ;  ■  ft-  e.ai-tnnf 

te-  s  by  counsel  on  both  sides  as  aft»T-s»id  t.h,  said  court 
is  of  opi-  ion, and  doth  order,  adjudge  :  d  decree  that 

&c.  (nere  insert  the  decretal  part  of  the  order  wheih 
concludes  the  form.) 


term,  A.  D. 


CIRCUIT  COURT. 


L 


Porn  of  an  order  to  a  defendant  to  prepare  a  decree. 
1  Harrison’s  Chancery,  p.  446.) 


(See 


State  of  Illinois,  )  gc^ 

County  of  ,  >  .  „  . 

The  people  of  the  State  of  Illinois, 

To  C.  D.,  of  the  county  of  and  stale 
of  Illinois,  greeting: 

Whereas,  by  a  certain  final  decree,  lately  made  in 
the  circuit  court  of  the  said  county  of  ,  on  the  chan¬ 
cery  side  thereof,  in  a  certain  cause  therein  lately  de¬ 
pending,  wherein  A.  B.  was  complainant,  and  you  the 
said  C.  O.  defendant,  it  was  ordered  and  decreed,  that 
you  the  said  defendant,  do  pay  to  the  said  complainant, 
the  sum  of  dollars,  (or  as  the  decree  is,)  as  by  the 
said  decree  duly  made  and  filed,  and  remaining  as  o.i 
record  in  our  said  court,  doth  and  may  more  fully  ap¬ 
pear:  We,  therefore,  strictly  enjoin  and  command  you 
the  said  C.  D.,  that  you  do  immediately  pay,  or  cause 
to  be  paid  unto  the  said  complainant,  the  said  sum  ot 
dollars,  according  to  the  tenor  and  legal  effect  ot 
the  said  decree:  and  hereof  fail  not  at  your  peril. 


fL.  S.  ]  Witness  the  Hon.  T.  W .  S.  judge,  &c. 

L  J  Teste  G.  H.  Clerk . 

To  the  sheriff  of  said  county  to  execute. 

6.  Form  of  a  writ  of  attachment  against  a  person  for  disobey¬ 
ing  a  decree.  (See  revised  code  ot  1827,  p.  94,  sec.  31 

i..  .  ♦ 

State  of  Illinois,  |  , 

County  of  .  5  “c  ‘  M11,  . 

The  people  of  the  state  of  Illinois, 

To  the  sheriff  of  said  county,  greeting: 
Whereas,  by  a  certain  final  decree  lately  made  by 
the  circuit  court  of  the  said  county  of  ,  on  the 
chancery  side  thereof,  in  a  certain  cause  therein  lately 
depending,  wherein  A.  B.  was  complainant,  and  C.  D. 
defendant,  it  was  ordered  and  decreed,  that  the  said 
C.  D.  should  pay  to  the  said  A.  B.  the  sum  of  dol¬ 
lars.  (or  as  the  decree  is,)  within  days  from  life 


52 


<EGRMS  OF  THE 


date  of  said  decree,  as  by  the  said  decree  duly  made 
and  entered  of  record  in  the  said  court,  doth,  and  mav 
ir.ore  ,u!  y  appear;  and  the  said  C.  D.  having  failed  to 
obey  and  perform  the  said  decree,  accordfng  to  the 
tenor  and  legal  effect  thereof,  although  he  has^een  le! 
ga-0  ri^n|red  so  to  do,  as  appears  by  the  suggestion  of 
h.e  said  A.  B.  in  that  behalf:  We,  therefore,  command 
you  to  attach  the  said  C.  D.,  if  he  shall  be  found 
your  county  and  him  safely  keep,  so  that  you  may  have 
fee  before  the  judge  of  our  said  circuit  court,  on 

dr,s'  da-yof  the  next  term  thereof,  to  be  holder:  at  the 
cou rt  house ,  n  ,  on  the  Monday  in  the  month  of 

,,  ,  nefixt’  1°  show  cause,  if  any  he  can,  why  he  should 
not  be  fined  and  imprisoned  for  disobeying  the  said 
decree,  according  to  (he  statute  in  that  casemadeand 
provided.  Hereof  make  return  as  the  law  directs 

and  have  you  then  and  there  this  writ.  1 

[L.  S.]  W itness  the  Hon.  L.  M.  judge.  &c 

Teste,  G.  H.  Clerk. 

7.  Process  of  sequestration*  (See  revised  code  of  1827  „  ssa 

sec. 5.)  ,p‘ 

State  of  lilinois, 

County  of 


set. 


The  people  of  the  State  of  Illinois, 

lo  the  sheriff  (or  to  the  sequestrators, 
as  the  case  may  be,)  of  the  said  county, 
and  state,  greeting:  * 

Whereas,  by  a  certain  decree,  lately  made  in  the 
ireuit  court  of  said  county, on  the  chancery  side  there- 


T  !°  process  of  sequestration,  is  a  writ  or  eommisson 
sometimes  directed  to  the  sheriff,  but  more  usually  to  four  or 
more  commissioners  of  the  complainant’s  own  nomination  a,, 
ihorising  them  to  enter  upon  the  real  and  personal  estate  of 
the  defendant,  and  take  the  rents,  issues  and  profits  into  their 
hands,  and  keep  possession  of,  or  pay  over  the  same  as  the 
court  shall  order  and  direct,  until  the  party  who  is  in  con 
tempt  shall  do  that  which  he  is  enjoined  to  do,  and  is  social" 
ly  mentioned  in  the  writ.  (See  1  Harrises  Chancery,  f 


CIRCUIT  COURT. 


d'6 


of  in  a  certain  cause  therein  lately  depending,  where- 
in  A.  B.  was  complainant,  and  C.  D.  defendant;  ,t  was 
ordered  and  decreed,  that  the  said  C.  D.  shou dd  W 
to  the  said  A.  B.  the  sum  of  dollars,  (or  as 

crec  is,)  within  days  from  the  date  of  sard  decide, 

as  by  the  said  decree  duly  made  and  entered  of  record 
in  said  court,  doth  and  may  more  fully  appeal ,  .  . 
the  said  C.  D.  having  failed  to  obey  and  F*'™*  e 
said  decree,  according  to  the  tenor  and  le„al  e  -  - 
thereof,  as  appears  by  the  suggestion  of  Ae  said  A.  B. 
in  that  behalf;  and  whereas,  the  saul  C.  D.  is  no  . 
resident  of  this  state,  (or  hath  gone  out  of  this  state,  01 
cannot  on  due  enquiry  he  found,  or  doth  conceal  him¬ 
self,)  so  that  process  of  attachment  cannot  be  served 
upon  him  for  his  contempt,  as  by  the  return  of  the  said 
sheriff  appears:  We,  therefore,  command  )OU,  hint  yo 
do,  at  certain  proper  and  convenient  days  and  hours 
-m  to.  and  enter  upon  all  the  lands,  tenements  and  re¬ 
al  estate  whatsoever,  of  the  said  C.  D.  in  your  county, 
and  to  take,  collect,  receive  and  sequester  into  youi 
hands,  not  only  all  the  rents  and  profits  of  the  said  lands, 
tenements  and  real  estate,  hut  also  all  his  goods,  cnat- 
tels  and  personal  estate  whatsoever, and  keep  the  same 
under  sequestration,  until  the  said  C.D.  shall  obey  and 
perform  the  said  decree,  and  clear  his  contempts  neie- 
in  or  our  said  court  shall  make  other  order  to  the  con¬ 
trary  and  make  due  report  from  time  to  time  to  our 
said" court,  in  what  manner  you  execute  this  commis- 

rr  s/1  Witness  the  Hon.  L.  M. judge, &c. 

1  J  Teste,  G .  H.  Clerk. 

8.  Of  the  Clerk  of  the  Circuit  Court, 

1.  Form  of  the  oath  to  be  taken  before  he  enter! i  upon  the  du- 

ties  of  bis  office.  (See  revised  code  of  1829,  P*  44, sec - } 

Strife  of  Illinois,  )  gc^ 

1  4  B.,  Being  appointed  clerk  of  the  circuit  couit- 
for  1  county,  in  the  state  of  Illinois,  do  solemnly 
E  2 


4* 


KORMS  OF  TH£ 


judgments  and  proceeding ?>V ft  b!  orders> decrees, 
I  will  faithfully1 and  ilt  al  ;  C°Urt5  aDd  tbat 
all  the  duties  of  mv  said  nffi  ^  dlsCj.al  Se  and  perform 
my  abilities  and Li  according  to  the  best  of 

help  me  God.  “Dderstandlng»  according  to  law.  So 

Subscribed,  and  sworn  to, &c,  A*  B* 

C-.  U'  Justlce  Peace,  county. 


J2.  Form  of  the  clerk’s  bond  *  •  i 

bond.  (See  revised  code  of  1829,  p. 
44,  sec.  24.)  ’  F 


Know  ali  men»  &c.  are  held  and  firmly  bound  unto 
state  aforesaid:  Nonfcjf  |lc  •  .°*!  county  and 

and  shall  deliver  unthe^mn1  COart’ atcordlRg  to  law; 

thereJ°’ 

ceu,  non  Jawiully  required  so  to  do,  then,  &c. 

A.  B.  [L.  S.] 


Approved,  June  a  T) 

S.  D.  L.  judge  of  fer. •>  judicial) 
circuit,  state  of  Illinois.  t 


C.  D.  [L.  S.] 
E.  F.  [L.  S.] 


b®  *«n«nitted 

bo  filed.  (See  revised  code’  of  im, '^nired  to 


■ 


CIRCUIT  COURT. 


9.  Costs. 


*i  Form  of  a  bond  for  costs  in  the  circuit  court.  (See  revised 
code  of  1827,  p.  102,  sec.  1.) 


In  Debt,  (or  as  the  case  is.) 


Ido  hereby  enter  myself  security  for  costs  in  this 
cause,  and  acknowledge  myself  bound  to  pay,  or  cause 
to  be  paid,  all  costs  which  may  accrue  in  this  action, 
either  to  the  opposite  party,  or  to  any  oi  the  officers  ol 
this  court,  in  pursuance  of  the  laws  oi  this  state. 

Dated  at  ,  this  day  of  ,  A.  D.  • 

k.  r  •  ^  •  J 

Approved,  G.  H.  Clerk  ciicuit  court • 

2.  Affidavit  of  a  plaintiff,  to  be  admitted  to  sue  in  ff™aPau 
peris,  or  as  a  poor  person.  (See  revised  code  ol  1827,  p, 

103,  sec.  2.) 


State  of  Illinois,  )  , 

County  of  -5  i  , 

A.  B.,  of  the  said  county  and  state,  makethoath,  and 

saith,  that  he  is  about  to  commence  (or,  has  commen¬ 
ced,  as  the  case  may  be,)  a  suit  against  C.  D.,  in  the 
circuit  court  of  said  county,  for  (here  describe  the  na¬ 
ture  of  the  case;)  that  he  the  said  A.  B.  is  a  poor  per¬ 
son,  and  unable  to  prosecute  his  said  suit,  against  the 
said  C.  D.,  and  to  pay  the  costs  And  expenses  thereof; 
and  that  he  is  not  worth  dollars  in  the  world,  save 
and  except  his  wearing  apparel,  and  the  matter  in 
question  in  said  cause;  and  prays  that  he  may  be  per¬ 
mitted  to  prosecute  his  said  action  in  farma  paupe¬ 
ris,  and  have  all  writs,  processes  and  proceedings  there¬ 
in,  and  such  counsel  assigned  him  by  the  said  court,  as 
may  be  necessary,  to  enable  him  to  prosecute  his  said 


56 


FORMS  of  the 


andhs:r°"dins  10  thc  rt iu 

Subscribed,  and  sworn  to,  fee. 

^.11.  Cleric. 

Kj'  Order  of  the  court  thereon. 

O  W  !  daj  Personalir  came  into  court,  A.  B.,  who  is 

tTesr,a«0o»0|T!fnCnCe  /°r  !‘aS  commenced)  an  action  of 
-  fi  !  1  case  (°r  as  tne  action  is.)  against  C  D 

lnth,s  co«ct,  and  made  affidavit,  that  he  if  a  poor'oer‘- 
son,a.id  uaahle  to  prosecute  his  said  suit  an/pay  the 

Permuted6 to6"861 •  and  ‘hereapon  prayed  to  he 

L  '  farm* pauperis-,  and  the  court  be- 

tnfn  ,  16  fac  s  set  fort!l  in  the  said  affidavit, 

to  protcute  hisre  6r,e  ’r  hatthe  Sai<J  A‘  B'  b«  Emitted 
,  UL  •'  s  sa:d action  as  a  poor  person  acdordiivv 

ihat'hetavTaTl  nSssarT ^  pr0Vided’  and 

‘  F.e£nfasigened  to?'*10"1  teeS  0f  chargesfand  toafE.' 

r«  s:/,.£  ss  ;:sr:t  t 

.  duties  in  tne  said  suit,  without  any  fee  or  reward 
wha  ever,  except  such  costs  as  may  be  lea-ally  taxed 
for  Ins  benefit  or  the  other  officers  of  the  court  in  case 
judgment  shall  be  entered  for  the  plaintiff.  ’ 

i  0.  Continuances, 

Jf* 

t.  Form  of  an  affidavit  for  a  continuance  *  (See  revised  code 
-  of  1827,  p.  313,  sec.  11.) 

Mate  of  Illinois,  J 

county  and  circuit,* 

A.  B.  Plaintiff,  } 

P  -n  r  i  C  ^resPass  °n  the  case, 
fd-  Idefendaat,) 

c.  D.,  the  defendand  in  (he  above  cause,  being  first 
duly_sworn  according  to  law,  deposes,  and  say!  that 

cfifeinal,  as^’irifeases.11^6  >anatlon>  Wl11  a»swcr  as  well  in 


set. 


term,  A.  D. 


Circuit  court. 


off 


E.  F.  is  a  material  witness  for  him  on  the  trial  of  the 
above  suit:  that  he  expects  to  prove  by  the  said  wit¬ 
ness  that  (here  state  the  facts  expected  to  be  proved;) 
and  that  he  knows  of  no  other  witness  by  whom  he  can 
prove  the  same  facts;  that  the  said  witness  resides  in 
county,  in  this  state;  that  he  caused  a  subpoena  to 
be  issued  from  the  clerk’soffice  of  the  said  circuit  court, 
on  the  day  of  ,  A.  D.  ,  and  delivered  to 

the  sheriff  of  the  said  county  of  ,  on  the  day 

of  A.  D.  ,  who  has  made  bis  return  thereon* 
that  the  said  E.  F.  was  not  to  be  found  in  his  county, 
so  that  his  evidence  cannot  be  had  at  the  present  term 
of  this  court,  although  due  diligence  has  been  used  to 

obtain  it;  he  expects,  however,  to  be  able  to  procure 

his  attendance  by  the  next  term.  This  affidavit  is  not 
made  for  the  purpose  of  delay,  but  that  justice  may  be 

!  V  •  1/9 

done. 

Subscribed,  and  sworn  to,  &c. 

Teste,  G.  H.  Clerk. 

11.  Certiorari .  (See  revised  code  of  1 827, p.  269.  sec.  36.) 
1.  Form  of  the  writ  of  certiorcit  i. 


State  of  Illinois,)  ct. 

County  of  .  of  the  state  of  Illinois, 

To  A.  B.,  a  justice  of  the  peace,  in,, 
and  for  the  said  county  and  state, 
greeting: 

Whereas,  it  has  been  represented  by  the  petition 
and  affidavit  of  E.  F.,  that  in  a  certain  suit  latek  de¬ 
pending  before  you,  wherein  C.  D.  was  plaintiL,  •>  d 
the  said  E.  F.  was  defendant,  and  wherein  judgment 
was  rendered  in  favor  of  the  said  C.  D.,  again-,  • 
the  said  E.  F.,  that  manifest  injustice  has  been  done 
to  him  the  said  E.  F.  in  the  rendition  thereol  as  afore¬ 
said;  and-we  being  willing,  for  certain  causes  m  tie 
-  •  ,'anci  fct  forth,  that  the  said  judg- 

“  t  and  things  in  controversy  be 


said  petit 
ment,  am 


53 


avccn  the  said  C.  D.  and  (ho  said  E.  F.  should  he  re- 
examined  in  he  circuit  court  of  said  county,  as  in  ca¬ 
non  /  PralS-ir0m  the  judS<™»ts  of  justices  of  the 
peace  to  the  said  court:  Do  hereby  command  and  re¬ 
quire  you,  that  you  do  forthwith,  without  excuse  or 
delay,  certify  to  the  said  circuit  court,  a  transcript  of 
it -aid  judgment,  with  the  proceedings  thereon  and 
all  things  touching  the  same,  by  whatsoever  names’  the 
parties  aforesaid  or  any,  or  either  of  them,  are,  or  is 

thevnm"’  '  ,UllJand  exactly,  as  in  your  custody 
Uiey  now  remain,  under  your  proper  hand  and  seal,  to- 

b  3ther  wit!)  this  writ;  that  further  thereof,  the  said  cir- 
cu,  court  may  do  that  which  of  right  ought  to  be  done. 
lL.  S.]  Witness  the  Hon.  T.  W.  S.  judge,  &c. 

rp  al  1  ■■•/¥»  /»  ^  G#  Iff,  Clerk. 

-o  the  sheriff  of  said  county  to  execute. 


The  justice  of  the  peace  to  whom  the  writ  is  directed  win 
endorse  thereon  as  follows:  erected  will 


°f  thi  »rit  aPPears  in  a  schedule  to 
«o  tne  same  writ  annexed/’ 


And  will  then  annex  to  the  writ,  on  a  senary  '  r 

per,  a  schedule  in  the  following  form,  viz:  ?  ;  P  ^  pa= 


State  of  Illinois,  ) 

County  of  ,  j  sc^ 

IV  I’ ahSUce-af  ,the  Peace?  in,  and  for  the  coun¬ 
ty  and  state  aforesaid,  by  virtue  of  this  writ  to  me  di¬ 
rected  and  delivered ;  do  hereby  certify  to  the  said  ci  red 

court, a  transcript  of  the  saidjudgment  and  proceedings 
-ogetner  with  all  things  touching  the  same,  as  by  the 
sam  w?nt  1  am  commanded  and  required. 

[■'  testimony  whereof,  I  have  hereunto  set  mv  hand 
ano  seal,  tins  day  of  ,  .4.  D. 

A.  B.J.P.  [Seal.] 


# 


CIRCUIT  COURT. 


*  Form  of  the  bond  to  be  given  by  the  applicant  previous  to 

*  'the  issuing  of  a  writ  of  certiorari.  (See  revised  code  of 

1827,  p.  269,  sec.  39.) 

Know  all  men,  &c. 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  on  the  day  ot  ,  A.  D.  ,  beioic  A. 

B. .  a  justice  of  the  peace,  in,  and  for  the  county,  and 
state  aforesaid,  a  judgment  was  rendered  in  favor  of  the 
said  C.  D.,  and  against  him  the  said  E.  F.,  for  the  sum 
of  dollars  and  cents,  debt,  (or  damages,)  and  the 
further  sum  of  dollars  and  .  cents  costs;  and 
whereas,  the  said  E.  F.  is  about  to  take  the  said  judg¬ 
ment  and  proceedings,  together  with  all  things  touch¬ 
ing  the  same,  into  the  circuit  court  of  the  said  county, 
by  virtue  of  a  writ  of  certiorari,  in  that  behalf  to  be  is¬ 
sued  on  petition  and  affidavit:  Now,  if  the  said  E.  F, 
shall  well  and  truly  pay,  or  cause  to  be  paid,  to  the  said 

C.  D.,  the  said  debt  and  costs,  in  case  the  judgment 
of  the  said  justice  shall  be  affirmed  on  the  trial  of  the 
said  case,  in  the  said  circuit  court,  then,  &c. 

/■n  r  t  r  V  'I 


G.  H.  [L.  S.] 
J.  K.  [L.  S.J 


Taken  and  acknowledged,  &c. 

A.  F.  Clerk  Circuit  Court. 

3  Form  of  a  writ  of  certiorari 9  when  a  part  of  tbe  papers  only 
are  sent  up,  in  case  of  appeals  and  writs  of  certiorari,  where 
an  order  on  the  justice  for  that  purpose  is  prayed  for. 


State  of  Illinois,)  , 

County  of  ,  S 

The  people  of  the  state  of  Illinois, 


To  A.  B.  a  justice  of  the  peace,  in,  and 
for  the  county  and  state  aforesaid,  greet¬ 
ing: 

O  _  _ 


Whereas,  it  has  been  represented  by  C.  D..  of  coun¬ 


sel  for  E.  F.,  in  the  case  of  G.  H.  against  the  said  E.  F 
lately  depending  before  you,  and  which  has  been 
brought,  into  the  circuit  court  of  the  said  county,  by  ap¬ 
peal,  (or  the  writ  of  certiorari,)  that  all  the  papers 


F$ RMS  OF  jllE 


GO 


thereunto  appertaining  have  not  been  sent  up  to  the 
said  court,  as  by  law  directed;  and,  forasmuch  as  the 
judge  of  the  said  circuit  court  is  not  satisfied  that  all 
the  papers  appertaining  to  the  said  suit  have  been  sent, 
out  that  there  still  remains  with  you  a  part  of  said  pa- 
f/  's’  wjnch  are  material  to  the  parties  on  the  trial  of 
the  said  suit,  in  the  said  circuit  court:  You  are,  there¬ 
fore,  Hereby  commanded,  that  you  do  forthwith,  with¬ 
out  excuse  or  delay,  transmit  to  the  said  circuit  court, 
now  sitting  in  ,  all  of  said  papers  as  the  same  re¬ 
main  in  yourcustody,  without  addition  or  diminution; 
to  the  end,  that  speed  y  justice  may  be  done  in  the  prem¬ 
ises,  according  to  law;  whereof  you  are  in  no  wise  to 
tail  under  the  penalty  of  what  the  law  directs;  and 
send  you  a  so  this  writ.  Teste,  L.  M.  Clerk. 

l  r  f-]  W  'tness  the  Hon.  T.  VV.  S.  judge,  &c. 

1  o  the  sheriff  of  said  county  to  execute. 

12.  Damages . 

1.  Form  of  the  assessment  of  damages  by  the  clerk,  in  cases 
oi  judgment  by  default.  (See  revised  code  of  1827  p.  314 

State  of  Illinois,  ] 

county  and  circuit, \ 

A.  B.  plaintiff,  } 

„vs-  j  r  j  C  In  judgment  by  default,  in  as- 
C.  D.  defendant.)  sumpsit. 

Having  assessed  the  damages  against  the  defendant 
in  default,  by  computing  the  intereston  the  amount  of 
the  debt  in  the  declaration  mentioned,  according  to 
law  and  the  order  of  the  court  herein;  I  do  hereby  re¬ 
port  the  same  as  follows: 

Amount  of  debt,  <$100  00 

Interest  on  same  from  the  day  of  , 

A.  D.  ,  to  the  day  of  ,  A.  D. 

;  being  years,  months,  and 
days,  at  the  rate  of  per  cent, 
per  annum,  15  O0 

Amount  of  damages,  g  j  j  5  qq 

Teste,  J.  W.  S.  Clerk , 


set. 


term,  A.  D. 


CIRCUIT  COURT* 


61 


13.  Depositions. 


..  Notice  to  take  the  deposition  of  a  resident  witness.  (See 
revised  code  oi  1827 ,  p.  1^4,  sec.  2.) 

Mr.  C.  D.  ,  „  ■  ne 

gm  —Please  to  take  notice,  that,  on  the  ciaj  ot 

next,  between  the  hours  of  ,  in  the  morning, 
and  in  the  evening  of  the  same  day,  and  to  con¬ 
tinue  from  day  to  day  if  necessary,  at  the  house  of  f.. 
F  in  the  county  of  and  state  of  Illinois,  1  shall,  by 
myself  or  attorney,  proceed  to  take  the  deposition  ot 
G.  H.,  of  said  county,  to  be  read  as  testimony  in  a  cer¬ 
tain  suit  in  chancery,  now  pending  and  undetermine 
in  the  circuit  court  of  county,  in  the  state  aforesaid, 
wherein  I  am  complainant,  and  you  are  defendant: 
when  and  where  you  may  attend,  if  you  think  proper, 

and  cross-examine  the  said  witness.* 

Yours,  &c.  A.  b. 

May  ,  A.  D. 

2.  Notice  to  be  given  the  adverse  party,  previous  to  taking  the 
deposition  of  anon-resident  witness.  (See  revised  code  of 

1827,  p.  174,  sec.  1.) 


Mr.  C.  D. 

Sir — Please  to  take  notice,  that,  on  the  day 
of  next,  between  the  hours  of  in  the  morning, 
and  in  the  evening  of  the  same  day,  I  will,  by  my¬ 
self  or  attorney,  attend  at  the  clerk’s  office  of  toe  cir¬ 
cuit  court,  in,  and  for  the  county  of  and  state  of  Il¬ 
linois,  for  the  purpose  of  suing  out  a  dedimus potestatem, 

*The  depositions  of  resident  witnesses,  may  also  be  taken 
to  be  read  in  suits  at  law,  on  giving  the  like  notice,  when  the 
witness  resides  in  a  different  county  from  that  in  which  the 
court  is  held,  is  about  to  depart  out  of  the  state,  is  confined  m 
jail  on  legal  process,  or  is  unable  to  attend  on  account  of  ad¬ 
vanced  age,  sickness  or  bodily  infirmity,  provided  a  satisfac¬ 
tory  affidavit  is  first  filed  in  the  circuit  court,  as  to  the  truth 
of  such  facts.  (See  revised  code  of  1827,  p.  174,  sec.  2.) 

F 


FORM 5  OF  THE 


or  commission,  under  the  seal  of  the  said  court,  direct- 
'  ,  justice  of  the  peace,  (judge  or  commisiion- 

-i.-,  <■."  ..ie  case  may  be,)  in  and  for  the  county  of. 
and  state  ot  ,  to  take  the  deposition  of  E.  F  a 
craze.)  ot  the  said  last  mentioned  county  and  state, "on 
the  annexed  interrogatories,  to  be  read  as  testimony  on 
ie  tr,a*  °*  a  certain  suit  at  common  law,  (or  in  chan 
eery,)  now  pending  and  undetermined  In  the  said  cir¬ 
cuit  court,  wherein  I  am  the  plaintiff;  and  you  are  de¬ 
fendant:  when  and  where  you  may  attend  if  you  think 
proper,  ana  hie  cross-interrogatories.* 

nr  Yours,  &C.  A.  B. 

May  ,  A.  D.  . 

3.  Form  of  a  dedimus  potestatem,  or  commission.  (See  revis- 
cu  coae  of  1827,  p.  171,  sections  I  and  3.) 

State  of  Illinois,  ) 
county  and  circuit, \  scL 

The  people  of  the  State  of  Illinois, 

A*  a  jus^ce  of  the  peace,  (or 
^C.  D.,  E.  h .  and  G.  H.7  if  commis¬ 
sioners  are  appointed,)  in  and  for  the 
county  of  and  state  of  .greeting: 
Know  ye  that  we,  in  confidence  of  your  prudence 
and  fidelity,  have  appointed  you,  and  r?y  inesc  presents 
do  give  unto  you,  full  power  and  authority,  and  do 
hereby  authorise  and  require  you,  that  at  'a  certain 
time  and  place,  to  be  designated  and  appointed  by  you 
io r  that  purpose,  you  do  cause  the  witnesses,  whose 
names  are  mentioned  in  the  caption  of  the  enclosed  in¬ 
terrogatories,  as  well  on  the  part  of  the  said  R.  S.'plain- 
tdl.  as  on  tne  part  of  T.  W.  defendant,  to  come  before 
you,  and  then  and  there, -diligently  a  id  faithfully  exam- 
me  eacu  of  them  apart,  upon  the  said  interrogatories, 
on  tneir  respective  corporeal  oaths  first  taken  before 
you,  both  on  the  part  of  the  said  plated# ay  d  defendant, 
and  a  one  others;  and  that  you  do  take  -uch  Uieirexami- 

A  c  ,'fi  of  the  interrogatories  should  be  annexed  to  this 
notice,  when  it  is  delivered. 


CIRCUIT  COURT. 


/*  o 

Ut> 


?“,£  *  'srssgs&z 

ivUnesles  terete,  <•  lie  reduced  to 

S  when  you  shall  have  so  taken  them,  you  shall 
cause  the  said  witnesses  to  sign  their  names  to  the  same, 

in  their  proper  places,  in  your  presence;  and  there 

upon  you  will  annex  at  the  foot  thereof,  acerhhca^, 

subscribed  by  yourself,  in  which  you  must  state  that, 
subscribed  ->)  .  ,  signed  by  the  deponents,  and 

ihov  were  sworn  to,  ana  sig  -ca  uj  r  ? 

of 'the  circuit  court,  in,  and  for  the  cou.ny  0  ‘  u 

,  t  f  Illinois  with  the  names  of  the  said  parties  I  t 

ST.,, K h”  c„„.  And  von  M  ».  *>  »« 

0mrlr  s.l  Witness  the  Hon.  L.  M.  judge,  &c. 

L  J’  Teste,  G.  H.,  Clerk  circuit  conn, 

4.  Form -of  a  subpoena  for  witnesses  to  appear  before  “  jus¬ 
tice  Of  the  peace,  (»^TC  r^  cXof  J327,  p. 
pursuance  of  a  commission,  (^ee  u 

176,  sec.  5.) 

State  of  )  sct. 

County  of  of  the  state  of  Illinois, 

To*  A.  B.,  C.  D.  and  E.  F .,  greeting: 
wv  r,  a-  T  for  “we,”  if  commissioners,)  the  under-. 

Whereas,  M.0i  we,  .  i  ihe  rnnntv  of 

isr- “rras  S; 

-±r  s  irm  as 

in,  and  for  the  county  of  aiul  stare  or 

"'^’aWhen  a  j^^^^^^^g^eturn^tdouMhe^acconrpanihlhp 
^ifi^ofh,-  u.0 Jia.  a,aroct^  undor  the  «*£ 

state,  or  under  the  seal  of  the  proper  co  revised 

county,  or  city,  where  the  deposition  is  taken.  (See 

code  of  1827,  p.  175, sec.  3. 


FORMS  OF  THE 


™  VA  rcc,ed’  for  the  examination  of  witnesses,  in  a  cer- 
lai1'  cfuse  r‘°”  pending,  and  undetermined  in  the  «aid 
circuit  court,  between  G.  H.  plaintiff,  and  L.  M.  de- 

■  OF  and  whereas,  I  am  informed  that  you  are  ma- 

<Z  *.Tr<?  r!aintifl;  (°r  d^dant.)  .n  The 

‘If  I;  tllere'ore,  by  virtue  of  the  said  commis- 

;‘°‘h  •  eq  u,re  jrou,  and  each  of  you,  personally  to  be  and 

r^Tr'  thetseolR-T’int^ 

tjte  hour  of  o’clock,  in  the  rJou of  said^daT 
'  oar!d  (hel'e  to  be  examined,  and  to  testify  the  truth! 

'  !"e'ai'oti  io  lhe  saitl  matter  in  controversy!  accordinsr 

of  Hi  S  •  y°Ur  k'VT]tdf;  °n  the  P«t  and  behalf 
r  tne  said  .  Hereof  fail  not,  under  the  nenal 

s/,;; T"  *z «•« 

LG  seah  at  ?  this  day  of  ,  a.  D. 

T.  VV.  J.  p.  [Sea’].] 


5.  Form  of  Interrogatories,  to  be  administered  to  witnesses. 


Interrogatories  to  be  administered  to  A.  B..  C.  D 
ano  L.  1  of  the  county  of  and  State  of  wif* 

1  .JcS’  *°  bc.  produced,  sworn  and  examined,  in  1  cer 
on,  cause  at  common  law,  (or  in  chancery.)  now  „end 

Question  1  Do  you  know  the  parties,  plaintiff  ard 
defendant  in  the  title  of  these  interrogate,.;  J  .  7 

-hich  of  them,  and  K  » 
Known  them  respectively?  -  ->°4 

[Here  proceed  with  all  the  questions  relative  (o  the 
maher  in  controversy,  and  conclude  with  the  follow! 

Question  S.  Do  you  know  of  any  other  mailer  or 
thing,  that  may  tend  to  the  benefit  and  advantage  of 


*This  subpoena  may  be  served  either  bv  an 
E  Wh0  Sha11  ilave  a  C0W  thereof  with  each  cf  the  * it 


CIRCUIT  COURT. 


66 


the  plaintiff  in  this  cause?  If  yes;  declare  the  same  as 
,4  as  if  you  had  been  thereunto  particularly  int-i- 

rogated. 

6.  Form  of  a  deposition,  certified  according  to  law. 

The  deposition  of  A.  B.,  of  the  county  of  and 
■date  of  P  ,  a  witness  produced,  sworn  and  examined 
before  G .  H.,  a  justice  of  the  peace,  in,  and  lorge  sa. 

county  and  state,  on  the  day  of  >  A-  u-  ’ 

■U  the  house  of  T.  W.,in  said  county,  in  pursuance  of 
a‘ commission,  issued  out  of,  and  under  the  sea,  of  the 
circuit  court,  in,  and  for  the  county  of  and  state 

bearing  date  the  day  ot  ,  A.  u.  , 

and  to  the  said  justice  directed,  to  he  read  as  evidence 
nn  the  tri -il  of  a  certain  suit  at  common  law,  (or  - 
chlterydU  v  pending  and  undetermined  in  the  said 
c  rn.  court,  wherein  L.  M.  is  plaintiff,  and  R.  S  is  de- 
on  the  part  and  behalf  of  the  said  plaintiff. 
The  said  A.  B.  being  first  duly  sworn,  -cording  to  aw, 
depose*  and  saith,  in  answer  to  the  several  imtr^. 
tones  enclosed  in  the  said  commission,  oa  the  pan  ot 

the  said  plaintiff,  as  follows,  viz.  .  .•«*  nj 

OuestiU  1.  Do  you  know  the  parties,  plaintiff  and 
defendant,  in  the  title  of  these  interrogatories  named, 
or  either,  of  which  of  them,  and  how  long  have  you 

■  %**■ 
tiff  and  defendant:  I  have  known  the  plaintiff,  .m 

about  years,  and  the  defendant  about  half  that  -me. 

whfch  They  Ire  proposed  and  answered,  and  conclude 
as  follows: 

Question  8.  Do  you  know  any  other  matter  or  thing, 

that  may  teed  to  the  benefit,  and  advantage  o.  J 
plaintiff 'in  this  cause?  If  ves;  declareUiesaineasmh 
ly,  as  if  you  had  been  thereunto  particularly  mterr. 

2:ated. 

°  F  2 


forms  of  the 


Lh> 


'  Sidtedln  answers  to  the  preceding  questions. 

A.  B. 

I  f lo  hereby  certify,  that  the  above  deposition  of  A 
B  was  sworn  to,  and  signed  by  the  deponent,  Wore 

was  take  ,  I  '  |,re8etn.ee5  a,ld  that  the  said  deposition 

was  taken  by  me,  on  the  day  of  .AO  =v 

Z  hhT  0°f  T*  Vin  [he  Sfd  of  ‘  ,  -between 

in  the  even  L  ofsaddav  th5,!"ornin§>  ar,d  o’clock 

seal,  this  day  of  f  A.  U',der  hand  and 

G,  H.  J.  P ,  county  Hi.  [L.  S.l 

14.  Detinue .• 

L  Affidavit  to  be  made  by  the  nlainfifT  h~e  .  . 

Ca“  i5Sue-  (See  revised  code,  Pim,  “Si”  ^ 

State  of  Illinois,  ) 

County  of  ,  j  sc** 

is  abouf\(frnie  C°Un^  and  s^a^e  of  Illinois,  who 
out  to  commence  an  action  of  detinue,  against  C 

n‘ o  the  ST".  °°T  °f  faid  c°^r,  to-’  'the  relt 

2  ,  §  described  property,  to  wit-  ( here 

saTtii1.1^? theTf*  PaftiCU,ar1^  maketh  oath  and 
iop'V  tae  sa,d  P™perty  properly  and  of  right  be- 

thaf  thp> and  -a  the1ProPerty  of  him  the  said  A.  B  • 
that  the  true  value  thereof,  is  dollars-  -m  l 

a  S;  £;  ■*•*%  **»  *  i  "IrZ ft 

Subscribed,  and  sworn  to,  &c.  ^ 

■'*’  C/er/r  Circuit  Court. 

2.  Jt1  orm  of  a  writ  of  capias  in  detinue. 

State  of  Illinois,  } 

County  of  .  j  sc!  * 

The  people  of  the  state  of  Illinois, 

-TT7  j°  t:'e  s^eriii  of  said  county,  greeting • 

We  command  you  to  take  C.  D.,  if  he  shall  be  found 

m  J°Ur  ^nt*  a»d  ^ely  kelp,  so  that  you  maj 


CIRCUIT  COURT. 


b  i 


hihxeo^  ss‘>  ssy.^ 

on  the  first  day  01  u  Monday  in  the 

at  the  courthouse  in  >onU;e  *  •  a 

,1  r  n«i  to  answer  the  plea  of  A.  15.,  m  a 
m0t.t-n°frti Ion  of  detinue,  wherein  lie  complains  that 
cei  tan.  unlawfully  detains  his  property,  to  the 

-ah m  of  do5a«  whUy  he  has  sustained  dam 

fn  tho  value  of  dollars.  And  have  you  then 

5  S™  tui™  .w  .»a  *  » 

tvw  manner  you  execute  the  same. 

'  ‘  [L.  S.]  Witness  the  Hon.  L.  get*. 

[On  which  said  writ  the  clerk  should  make  the  following 
endorsement,  to  wit:] 

“The  value  of  the  property  in  the  f  Uhin  menUo: n- 
i  „  ncrordina  to  the  affidavit  ol  tne  platuU.  ,  i» 

6  doUars-  the^ sheriff  will  therefore  demand  bail  of 
the  defendant  in  double  that  sum.  ^  H  a*ri. 

v  •  t  i.hpri  hv  the  sheriff,  from  the  defendant, 
3.  Bail  hood  to  be  taken  o i  the  .  o{  18S7>  p.  179, 

on  arresting  his  body.  p-ee  ievK 

sec.  2.) 

it  Q,n  „ntn  A  B.  of  the  same  county 

fandsTa^c^  the  sum  endorsed  on  the  capias, 

sk-  tjss  e&sst  *. 


68 


forms  of  the 


cSmaliS’  aith  tbe  sL"'tate  in  that 

D.  discharged  from  M,  :d“dthe  person  of  the  said  C. 
shall  well  ar  d  XL  f  W’if  tlle  **<*  C.  D. 
to  (he  said  4  3  {,  ?e,£er’  °r  cause  to  be  delivered, 

in  the  said  suit  ?!,  propert/us  he  shall  recover 

against  the  said  C.  D  ^  l?  rendered 

ages,  as  may  be  assetc  )  b  ?,so  paT  a,)  sucb  dam- 

of  said  nropertv  totfh  a*a‘Vst1Wm  for  «**  detention 
&c.  1  P  t0Sether  »'ith  the  costs  of  suit,  then. 

C.  D.  [L.  S.] 

<1.11.  Sheriff-  county.  111.  !  •  [L.  S.j 

Dower . 

“  cases  o^ti- 

1827,  p.  183,  sec.1.)  ■doBcr-  (See  revised  code  of 

State  o t  Illinois,  ) 

County  of  £  Set. 

i  lie  people  of  the  State  of  Illinois, 

We  command  Joa’to'sull^  T  f >£' fi 

to  be  and" appear  be/re  the",—,  C°"°‘* 

iy,  on  the  first  d^  of  the  nex  term  the" ^  °/  * jd  C0U'" 

menced,  and  holden  at  the  court  housin’  o  'T* 
Monday  m  the  mnnth  "  11  ?  0{)  the 

complaint  of  A.  B..  widow  of  L  'iT']  <°  T?'er  lhe 
county  of  deepen  j  r  I  .  ate  t,Je  s«id 
to  assign  and  s etovn  ^lf0*1^1*8  failed  and  refused 
er  in  the  Jandf  fl  ’  °  t  ie  sa>d  complainant,  her  dow- 
-id  dee;i^“ £™d  hereditaments  of  the 

our  said  court  filed  in  lha  j  bSV  ^  her  Pe!ition  ia 
cause, if  any  they  can  Whl  ?  a  appearsi  a“d  «hew 
assigned  to  the  said  cc  f-  SUC1  dower  should  not  be 
croflKu-saidnctl?^ mpi“>accordingtothepray- 
this  writ'  and 'make  d"  \  ,inv(:  you  then  and  there 

■ S- 1  U»  Hon.  T.  W.  S.  judne,  &c. 

Teste  G.  H,  Clerk. 


CIRCUIT  COURT* 


CIRCUIT  COURT. 

-  Form  of  the  notice  to  be  published  by  the  clerk  when  the 
~  deferidauts  do  not  reside  in  the  county  tn  winch  >te  pett- 
tion  is  filed.  (See  revised  code  of  lo, '  >  P*  16  >  '  ' 

State  of  Illinois,  *  t  In  the  circuit  court  of  said 
County  of  ,  \  SC"  county,  term,  A.  L.  . 

A.  B.  complainant,  1 

C\b.,  E.  F.  and  G.  H.,  heirs  ^Petition  for  the  assign- 
and  legal  representatives  of  ment  ol  dower. 

L.B.,  deceased,  defendants.  J 

Public  notice  is  hereby  given  to  C.  D.,  L.  ,  .  and  U 
T4  the  defendants  in  the  above  case,  as  heirs  and  e- 
;.;i  representatives  of  L.  B.,!ate  of  the  said  county,  de- 
cca  -’d  •  that  A.  B.,  the  widow  of  the  said  deceased, 
has  filed  a  petition  in  the  said  circuit  court,  in  which 
she  complains,  that  you  have  failed  and  refused,  to  as¬ 
sign  and  set  over  to  her,  her  lawful  and  reasonaMe 
dower  in  the  lands,  tenements  and  heredi 
said  deceased,  which  are  specified,  and  parucuU.ls 
described  in  her  said  petition;  and  whereof,  by  la-.., 
JheinsWs  that  she  is  dowable:  You,  and  each  of  you 
are  therefore  hereby  required,  personally  to  be  and 

nniv  ar  before  the  said  circuit  court,  on  the  t.iai  d.  y 

cf  the  next  term  thereof,  to  be  holden  at  t.ie  court 
house  in  ,  on  the  Monday  in  the  month  of 
next  to  shew  cause,  if  any  you  have,  why  such  dower 
should  not  be  assigned  to  the  said  compfainant,  a=  m, 
and  by  her  said  petition  is  prayed  for.  And  t„is  yo  . 

eh'i  11  in  no  wise  omit.*  .  , 

slia  1  '  L.  M.  Clerk  circuit  court . 

June  ?  A.  D. 

“Where  the  defenda^fa 

bn,nPknowueheir3Xand  legal  representatives  of  L,  B„  4ecea* 

cd,  &c.’5 


X: 


forms  of  the 


3'  ft  «>“-> Won.„  appoint. 

1827,  p.  184,  sec.  5 )  d°Wer-  (See  “Vised  code  of 

tap;£i^]£‘S“,!'r"VRl  'i"  <**«* 

her  dower  out  of  the  h  ,di ,n i7‘  'V,dow  of  L-  B-> 
the  order  of  the  court  for'  that^umose  JS(?ibedin 

according <<e  TS?tent  "'itb  ^  intent  oHhe  estate 
God.”*'  b  °  ilc  best  01  my  judgment.  So  help  me 

i».™d  e  1J-J-  ™-|' »«, 

rs0;^;  'r? 

of  the  lands  rnTteZm^  fZTt’  berdower» 

order  of  the  court  and  |  . < ..  u,  escnhed  in  the  said 

-B-;  do,  in  conformity  with  law ^nd'th/ °f- ^ Sfd ^ 
c°ur-,  make  the  following  report-  That  T *  .°rdfr  of 
first  duly  sworn  accordion  ,n  J  r  •  havlng  bees 

|{  t0  aHot  and  set  off,  to” he  tdd  a"b  ' ^  m'partill!' 
the  premises  aforesaid  ifth**  A*  her  dower  in 

sis  tent  with  the  .ntejs  of  the"16  i°U,d  be  d°ne  coa- 
wards,  to  wit,  on  Z  ZZ  ZZ  We  afto" 
Lord  one  thousand,  eight  hJndred  and”  the-Vear,of  our 
the  said  lands  and  tenements  w  ‘  ,y  ,  ,wentl,Pon 
If  examined  the  eu-ditv  ^  d  Zr  havinS careful- 
bj  the  admeasur?Sihereo7Cweanned  Z 

bj  metes  and  bounds  Sam('> 

tv,  in  the  following  manner to wk T  th  Z 
.^llotted  to  her  the  homest^ 

order,  or  some  justice*"!)'? Wo ZZif'u  e°"rt  makinS  the 
(See  reviscd  code  of  1827,  p.  184,  sec  5  )  pr°per  count.r- 


itlRCfrlT  COURT* 


5  1 


the  said  deceased,  according  lo  her  desire,  whh  tl.c  fol- 
lowi'ic  described  tract,  or  parcel  ot  land  thereto  up 
pendant  and  adjoining,  and  bounded  as  follows ;  ocan- 
Ling  at  (here  describe  the  boundaries,  parUcuIu  l)  , 
and  proceed  with  the  description  and  boundaries  of  al 
other  tracts  that  may  he  assigned  to  her,  and  conclude 
ns  follows:)  A  description oi  which  said  trac  ^,  I“u" 
cels  of  land,  will  more  folly  and  explicitly  appear,  by 
reference  to  the  annexed  plats  and  explanations,  which 
are  intended  as  a  part  of  this  report.  All  weuen  is  re¬ 
spectfully  submitted.  Witness  our  hands  and  seals,  this 

day°f  ’  ^  C.  D.  [L.  S.]  >  .  . 

E.  F.  [I  j.  S.]  >  Commissioners. 

G.  H.  [L.  S.]  S 

5.  Form  of  the  writ  of  habere  facias  seisioam.  (See  revised 
code  of  1327,  p.  134,  sec.  i •) 


=ct. 


Stale  of  Illinois,)  g 

County  ot  •  >  „  T„. 

The  people  of  tire  state  of  Illinois, 

To  the  sheriff  of  said  county,  greeting: 

Whereas,  A.  B.,  widow,  who  was  the  wife  of  L.  B., 
deceased,  hath  lately  in  our  circuit  court,  m,  and  .ot 
the  said  county, recovered  against  C.  D-,  O-  r  .  ai.u  u. 
H.  heirs  and  ieeal  representatives  d  tae  said  decease  , 
her  seisin  of  the.  third  part  of  the  lands  and  tenemen.s, 
of  which  the  said  L.  B.  died  seised,  as  the  dower  of 
her  the  said  A.  B.,of  the  endowment  of  toe  said  L.  B., 
her  late  husba  d,  whereof  the  said  C.  D.,  h.  r  •  anrt 
G.  H.  are  convicted,  as  by  the  inspection  of  toe  re¬ 
cords  and  proceedings  thereof  in  our  said  court  ap¬ 
pears:  We,  therefore,  command  you,  that  yon  do  wit u- 
out  delay,  deliver  to  the  said  A.  B.,  the  possession  of 
the  following  described  tracts,  or  parcels  of  land,  .  itn 
the  appurtenances,  situate  in  the  said  county  o  j  to 
wit,  (here describe  the  several  (ractsof  land  allotted 
the  widow  particularly ;)  to  hold  to  her  in  severalty  by 
the  said  metes  and  bounds,  for  and  during  her  natural 


| f  >'/ 

i.  f' ViE 

is  >  f  :  ; 


f  i 


Din 


IrO R ?»I S  op  TIJL 


cXC^TJnec^  ^  '«*<  *  - 

f tute  i“  ««*h  case  mmle  and  provWedaCCHL  ng/°  ‘I* 
due  return,  together  with  th„  .Hereof make 

ecute  the  same.  th<?  mannBr  111  winch  you  ex- 


[L<  S>]  'Yitness  the  Hon.  T.  tV.  S.  judge,  &c.  ■ 

rJ'esle,  gT  H.  Clerk. 


'<>•  Form  of  proceedings  in  an  action  of  trespass  in  eject- 

XrytClXt%  * 


Tile  oriS>aaI  writ,  or  summons. 


State  of  Illinois,  ) 

County  of  .  £  sct* 

T1-P  Pc°pJe  of  (he:  state  of  Illinois, 

,  V7e  command  you® o  summon  C  D^ift g[ee‘in8: 
in  your  countv  tn  kn  1  1°  he  found 

oui-  Circuit  con rt,  to  beholden  in  S’Yf  tht  •iudge  °f 
aforesaid,  on  the  ri  r  t  n’  anc  ^or  county 

£  2?  a&jt  -£*»«*  "> 

force  andeams,“he°enteredXt’  ^  "heW  whereforc  "M. 

into  the  dwelling  house  thereof  witlfif4  °‘  ,aDd’  and 
ces,  in  the  said  county  of  ’  m  f  *PPurtenan- 
mised  to  E.  F  for  a  CC  .  ■  Whlch  A’  B-  hath  de- 
ejected  him  from  h  c  ? •Tc'Ch  ,S  no^et  «H>ired,  and 

against  the  peace  and  A\crr,u  r  X  ^  I1  •?  and 

-eofliliilo, 

[L.  S.]  Witness  the  Hon.  W.  W.  judge,  &c. 

Teste,  G.  Id.  Clerk . 


"  COgfre1„^cftta;eupoa  £  ““  ejector>  who 

-ieupon  to  the  tenant  m  possession. 


set. 


State  of  Illinois,  ) 

cou aty  and  circuit  %  ^  .  _ 

f  F, fr  C  11.  M.  co^Srf  S'  „ 

•  Pl«.  of  trespass  „  ,,  »£» 


^IRQtJIT  G0UR1. 


!*»•»  O* 

t  o 


A.  ft., on  the  day  of  , in  the  year  of  our  Lord, 

one  thousand,  eight  hundred  and  -  ,  at  Ue  county 

and  circuit  aforesaid,  had  demised  to  the  said  L.  i  •  a 
ccrtain  tract  of  land,  with  the  dwelling  house  thereon, 
and  all  and  singular- the  appurtenances  thereunto  be¬ 
longing  and  appertaining,  situate  in  the  said  com.. \  ot 
;  to  have  and  to  hold  the  said  tract  of  lar  d,  wnh 
the  said  dwelling  house  and  appurtenances,  to  the  said 
E.  F.,  from  the  day  of  ,  m  the  year  of  our 
Lord  one  thousand,  eight  hundred  and  ,  to  die  e  id 
and  term  of  years,  from  thence  next  follow!  ig,  and 
f , i j  1  v  to  be  complete  and  ended;  by  virtue  of  w  uc.i 
demise,  the  said  E,  F.  entered  into  the  said  premises, 
with  the  appurtenances,  and  was  thereof  possessed  , 
and  the  said  E.  F.  being  so  possessed  thereof,  the  said 
C.  D.,  afterwards,  that  is  to  say,  on  the  aav  °,  , 

in  the  year  of  our  Lord  one  thousand,  eigni  hu  mod 
and  ,  with  force  and  arms,  to  wit,  swords,  staves 
and  knives,  entered  upon  the  said  tract  of  land,  and 
into  the  said  dwelling  house,  with  the  appurtenances, 
which  the  said  A.  B.  demised  to  the  said  L.  V i'1-  form 
aforesaid,  for  the  term  aforesaid,  which  is  not  yet  ex¬ 
pired,  and  ejected  the  said  E.  F.  out  of  his  said  farm; 
and  other  wrongs  to  him  did,  ta  the  great  dam  go  of 
the  said  E.  F.,  and  against  the  peace  and  digni  ty  of  the 
people  of  the  state  of  Illinois;  whereby  toe  said  $ii.  f  * 
saith.  that  lie  is  injured  and  damaged  to  the  value  of 

dollars;  and  thereupon  he  brings  suit,  &c. 

L.  M.  Atfy  for  Pljf. 

Mr.  R.  S.  . 

1  am  informed  that  you  are  in  possession  or,  or 
claim  title  to,  the  premises  mentioned  in  this  declara¬ 
tion  of  ejectment,  or  to  some  part  thereof;  and  1,  be¬ 
ing  sued  in  this  action  as  a  casual  ejector,  and  .saving 
no  claim,  or  title  to  the  same,  do  advise  you  to  appear 
at  the  next  term  of  the  circuit  court,  to  be  .  t  ie:  ,  m, 
and  for  the  county  of  and  state  of  Illinois,  at  t  e 
court  house  in  ,on  the  VI  >  Jay  in  toe  -  ■  .  h 
of  next,  by  some  attorney  of  taut  court,  and  then 
G 


.. . 


M 


4  ^ 


rORMS  OF  Tiiii, 


May  ,  A.  D.  Y°urs’&c*  •  A.  B. 

°*  -^he  rule  of  court, 

in  Ejectment. 

Hwa :d°  2eKttorievrtT!tbR  “s  """‘V*  both  Par’ 

ff!*’  »'  place  bf  Hie  now  ^Clntc  't  ^ 

shall  receive  a  ieclSn”  n  ^  ff  5 

ejectment  of  the  tenemon^  i  a  °  trespass  a?  d 
mediately  plead  thereto  not  p-  ^hv^110^’  and  sha11  in> 

of  the  JuEhal)  co^&e^.  ^rB/hC 

«i  «j  r!  s  Si,  „s“,r, «'  a'  r- 

ouiuer,  and  by  reason  thereof  the  plaintiff  cannot 
erute  his  writ,  then  the  c  annot  *  ros- 

nonpros,  shall  cease,  and  the  said  R  S°T  ii'P°n  s,,ch 

costs  to  the  plaintiff  aS)t^::^;^  ,?%, 

"«*  ofi,  nU|,,'5  i!S“r' a 

a.?»l  St  tile  said  C.  D..  now  the  h, t  ■  ,  e.'ttrod 

faaln  And  it  is  further  ordered  that  f  ,  °c  >J  de' 
of  the  said  issue,  a  verdicts^  I  '  ’  .  p?n  the  ,rial 

fendant,  or  if  the  plaintiff  shall  not  pfoIecu'T1  ‘  ‘  df 

”’---nafdoiTCaUSe,’ha,’/:‘r  not  Confessing  1 

?:L  '•  ouster.  as  aforesaid,  the  lessor  of  I  ’ 

JJfiT  ,,ieC0StS’if  tllei>laintifr  himself  doth  not 

merely  remind  (dreader  thaUt”^-  110  Capt'°n  ,0  writs’  and 
The  preceding  forms 

varied,  to  suit  term  time,  or  vacation  ThJ  .fy.are  he 
it  necessary  that  the  writ  *"  •  ‘  ,  v  ^  CO;J*titutionma!iqgi 

Pie  of  the  state  of  Illinois  .^’T*  “  the  nam?  *  “  The  Peo- 


CIRCUIT  COURT, 


-  v. 
t  J 


4  Form  of  the  writ  of  habere  facias  possessionem,  with  a 
fieri  facias,  for  the  damages  and  costs. 

To  the  sheriff  of  county,  greeting: 
Whereas,  E.  F.,  lately  in  our  circuit  court,  in,  and 
for  the  county  and  state  aforesaid,  before  toe  judge 
thereof,  by  our  writ,  and  by  the  judgment  of  the  same 
court,  recovered  against  R.  S.,  his  term  tnen  ant  }  e 
to  come,  of,  in  and  to,  a  certain  tract  of  land,  with  the 
dwelling  house  thereon,  and  appurtenances,  situate- 
and  being  in  the  said  county  of  ;  which  A.  B.,  on 
the  day  of  ~  ,  in  the  year  of  our  Lord  one  thou¬ 
sand,  eight  hundred  and  ,  had  demised  to  tne  said 
E.  F.*  to  have  and  to  hold  the  same  to  the  said  R.  j 
from  the  said  date,  for,  and  during,  and  unto  toe  iuA 
end  and  term  of  years,  from  thence  next  ensuing, 
nnd  fully  to  be  complete  and  ended ;  by  virtue  ol  w  hiui 
said  demise,  the  said  E.  F.  entered  into  the  said  tene- 
ments  with  the  appurtenances,  and  was  possessed 
thereof,  until  the  said  R.  S.,  afterwards,  to  wit,  on  the 
day  of  ,in  the  year  of  our  Lord  one  thousand, 
eight  hundred  and  .  ,  with  force  and  arms,  Lc. 

eiitcred  into  the  said  tenements,  with  the  appurtenan¬ 
ces,  which  the  said  A.  B.  had  demised  to  the  said  L.  . 
in  manner,  and  for  the  term  aforesaid,  which  was  not 
then,  nor  is  yet  expired,  and  ejected  the  said  L.  r . 

from  his  said  farm;  whereof  the  said  R.  S.  is  convict¬ 
ed,  as  appears  to  us  of  record :  We,  therefore,  command 
you,  that  without  delay,  you  cause  the  said  L.  n.  to 
have  the  possession  ot  his  said  term  jet  to  come,  oi,  i.n 
ai  d  to  the  tenements  aforesaid,  with. the  appurtenan¬ 
ces;  and  we  also  command  you,  that  of  the  goods  and 
chattels,  lands  and  tenements  of  the  said  R.  S .  in  your 
county,  you  cause  to  be  made,  the  sum  ot  dollars, 
which  the  said  E.  F.,  also  in  our  said  couii,  ieco\ercc. 
against  the  said  R.  S.,  for  his  damages,  which  he  had 
sustained,  as  well  on  occasion  of  the  trespass  and  eject¬ 
ment  aforesaid,  as  lor  his  cosTs  and  charges  b\  him 
about  bis  suit  in  that  behalf  expended,  wuereof  the 
said  R.  S.  is  also  convicted  as  appears  to  us  ol  record: 


1'OlUdS  OF  THU 


/  b 


v  j  f6 

^ave  you  (hat  money  vnlhin  rirr^v  ?  /* 

manner  you  shall  have  exe  "uled  Cwrit?"’’  ^  Wbat 


1 


Bill  of  exceptions . 


”f  *»  ™.e, 

1-  »r  » w.  par,  e™  *■;'  r,e 

sfale  the  evidence  offered  )  To  ,  h ’  ,  fc*  (here 

plaintiff  bv  his  counsel  objected  -Clv  eV,dence’  <be 

court;  Who  being  cf opinion  (hat  the  s-rid 2  ,  -the 

S:T.',I «r  *?  piaiai® 

( j  w.n  to  ucn  opinion,  ara  d raved  ii,af  1  >  >, 

C°P 1  icf  be  signed,  sealed  and  made  a  part  of  fhe 
.  record,  pursuant  to  the  act  of  the  a«l,  i  '  th« 

case  made  and  provided;  and  itisaccordiSj^he^ 

E-  E.  [L.  S.]’ 

1 2-  J*fccs  (&e  revised  code  of  1 827,^.  23C. 

I.  Foroi  of  the  writ  of  habeas  corpus  when  issued  by  the 

court  m  term  time.  '  1  ie 

*A*  > 

T„  x,°  -E  E.,  oi  said  county,  greetin'!-- 

We  command  you,  that  you  do  forthwith  withe  , 
excuse  or  delay,  bring,  or  cause  to  be  hZt  '  Zl 
t.e  c«puit  court  of  said  county,  now  sittir f »,  Z 
court  house  in  .  ,  tpe  body  of  C.  D.,  by  f  ha  c 

nnme  oraddition  he  is  known  or  called,  and  who'lsTun- 
lav  Hilly  detained  in  your  custody,  as  it  is  s-,jd  ,r 
erwith  the  day  and  cause  of  lls  c^ootfCn 

i'°.  Vbe*!.d,:d  <nere  t0  Perform  and  abide  such  order 
a  ■  tiiiCf  (ion,  as  our  said  circuit  cowi  i  • 

t!  "'half.  Hereof  make  due return  for,!  ,n 

der  the  penalty  of  what  the  law  directs.  '  UR‘ 

j  o  tiie  sheriff  of  said  county  to  execute 


CIRCUIT  COURT. 


[Endorsement  to  be  made  by  the  clerk  on  said  writ,  bee, 
’’ev  iscd  c  •  ■  •  e  ot  Hi,/,  p.  sec.  1*] 

“  13 v  t;  ic  habeas  corpus  act.” 

•  [Further  endorsement  to  be  made  upon  the  writ.] 

«  The  within  writ  to  be  executed,  on  condition  that 
the  said  C.  D.  doth  pay,  or  cause  to  be  paid  to  the 
said  V.  B.  (or  tender  if  payment  is  refused)  the  sum  ot 
dollars,* his  legal  charge  for  bringing  up  the  body 
of  the  said  C.  D.,  before  the  said  circuit  court;  he  the 

said  C.  I).  having  already  given  sufficient  security,  to 

pay  the  charge  of  taking  him  back  from  whence  he 

came,  if  he  shall  he  remanded/’  Teste,  G.  H.  C.erk. 

*  »  - 

a  Form  of  tlie  bond  of  security,  to  be  given  in  behalf  of  the 
"  applicant  for  a  writ  of  habeas  corpus,  to  the  person  to  whom 
the  writ  is  directed. 


(Penalty,  the  sum  ascertained  by  the  court.) 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  a  writ  of  habeas  corpus  has  this  day  issued 
out  of  the  circuit  court  of  said  county,  on  the  applica¬ 
tion  of  C.  D.,  and  directed  to  the  said  A.  13.,  in  which 
the  *aid  A.  B.  is  commanded  to  bring  up  the  body  ot 
the  said  C.  D.,  forthwith  before  the  said  circuit  court, 
for  certain  reasons  in  the  said  writ  specified:  Now,  it 
the  said  C.  D.,  shall  well  and  truly  pay,  or  cause  to 
be  paid,  to  the  said  A.  B.,  the  legal  charges  for  car¬ 
rying,  him  back,  from  whence  he  shall  be  brought  by 
the  said  A.  B.,  in  obedience  to  the  command  of  the  saul 
writ,  if  he  the  said  C  .D.  shall  be  remanded  by  the  said 

court;  then,  &x. 

[Hereafter  we  will  omit  the  signatures,  and  attestation  of 
the  clerk,  and  refer  the  reader  to  previous  forms.] 

*This  sum  is  not  to  exceed  ten  cents  per  mile,  and  to  b4* 

fixed  bv  the  judge. 

G  2 


FORMS  OF  THE 


78 


*  Form  of  (he  writ  of  habeas  corpus,  when  issued  bv  the 

judge  m  vacation.  y 

the.countr  of  and  state 
aioresaid,  greeting: 

cxcuseTdX  J°U  d°\farthwitN  without 

the  judge  of?he  crfute  o'1'?  r  b*h™S**>  before 
chamber*  in  <Z  hT  C0Ui?‘>'«  at  his 

name  addition  h  'is  In.  i°  J  °  V  ^  Whatever 
Wally  deSir ed  in  „  “  aad  frho  is  a‘- 

er  with  the  day  and  “'cause of°lh  “  ‘‘  liK,id*  '°geth- 
«»>i  then  and  there  t^perfo,™  t(fP  !m  anddcte»* 
and  direction,  as  the  «aid  iudim  si '  n  a  ,l,  e  suc  1  brder 
•  half.  And  hereof  J  f dgc  ?bali  make  ia  that  be- 

ty  of  whaftK  Sets  6  retUn”  U,‘der  ‘he  Penal- 

•  , .  S.  D.  L.  Judge 
judicial  circuit,  stale  of  Illinois. 

J:nttTrkrh,LcK“?i£s  r  <- 

"  ,-itt  ft,  „M  wril,  „d  -lhe  .  f  C  D 

rWlT  n""  ,C"?‘i0”  ■*  *J£8££l 

before  the  said  circuit  court’  ter  ,1^  ?an.e*ed, 

at  his  chambers  aforesaid  )  as’ rivithinT6  ^  S‘‘>d  •PldS° 

May  ,  a.  a  y  as  n,ihnA  1  r<rrzed- 

At  b.  sheriff,  Sfc. 

;:^]Sh0U,d  be  a“  ‘Writ,  on  a 

I,  A.  B.,  sheriff  of  the  county  of  and  ct„t  c  n 
WMffvirtue  of  this  writ  J  me  directed  land  ddiv-' 

~T<f  •  the  p- 

er,  ti  at  it  is  impossible  to  rrive  anv  f  dlffer®nl  from  each  oth- 
a.  general  rule  in  all  cases  :  the '-l™''  Wl:J,ch  wdl  answer  as 
Vnat  in  the  genera],  is  necessary  to  ^  to  S*J0W> 

return  a  good  one,  ^  Je  lljserted  to  make  the 


CIRCUIT  COURT. 


79 


ercc{  j0  hereby  make  known  to  the  said  circuit  court, 
Vor  to  the  said  judge)  that  the  said  C.  D.  was,  on  the 
<ia\  of  ,  A.  L'.  ,  committed  to-rny  custody, 

as  jailer  oi  the  said  county  of  ,  by  virtue  oi  a  mit¬ 
timus  under  the  hands  and  seals  of  E.  t  .  and  O.  Jrl., 
justices  of  the  peace,  in,  and  for  said  county, loi  ct  rtain 
enust  -  in  the  said  mittimus  specified;  a  copy  ot  w hicli 
is  hereto  annexed;  in  obedience  to  which,  1  l  a\e  de¬ 
tained  me  said  C.  D.  in  my  custody,  in  the  common 
jail  of  said  county,  as  thereby  1  was  commanded; 
V  it  h  is  the  same  caption  and  detention,  oi  whicn  men¬ 
tion  is  made  in  the  said  writ,  and  none  other. 

A.  B.  bhenjj ,  <yc. 

[Here  a  copy  of  the  mittimus  should  be  annexed.] 

5  Affidavit  to  obtain  a  writ  of  habeas  corpus  ad  testificari- 
*  cluin.  (See  previous  affidavits  for  the  caption  and  conclu¬ 
sion  of  what  follows.) 

A.  B.,  the  above  named  plaintiff,  makelh  oath  and 
saith.  that  F;.  F.,  now  a  prisoner  in  the  custody  of  the 
sheriff  of  the  said  county  of  ,  is,  and  will  be  a  ma- 
teriai  witness  for  this  deponant,  at  the  trial  of  this 
cause*  and  this  deponent  further  saith,  that  he  is  ad¬ 
vised  and  verily  believes,  that  be  cannot  safely  proceed 
to  the  trial  thereof,  without  the  testimony  of  the  said 
E.  F. :  and  that  he  the  said  E.  F.  is  ready  and  willing 
to  attend  as  a  witness  at  the  trial  aforesaid.  A.  B. 

Subscribed,  and  sworn  to,  &,c.  ~ 


6.  Form  of  the  writ  of  habeas  corpus  ad  testificandum. 

To  L.  M.,  sheriff  of  the  said  county, 
greeting: 

We  command  you,  that  you  have  the  body  of  E.  F., 
detained  in  our  prison  under  your  custody,  as  it  is  said, 
under  safe  and  secure  conduct,  before  the  circuit  court 
of  the  said  county,  at  the  court  house  in  ,  on  the 
day  of  ,  A.  D.  ,  by  o’clock  in  the 
noon  of  the  same  day ;  then  and  there  to  testify  and 
the  truth  to  speak,  in  a  certain  cause  now  depending 


80 


forms  of  the 


SteSiJrp  then  «*ld  to  bo  (ri- 

Plea  or  ;reSpaf  «  CSS?  tS  iSSSSgf 

O  said  suit,  JO  a  are  to  redrntm  he  faS  E  f’Jo 
our  saul  prison,  under  the  like  safe  and  secure  T  p  A 
as  aforesaid.  And  have  you  (hen  and  there  (Ms  writ 

iO.  Injunctions. 

■ 

To  a.  B.,  hiS  counsellors,  attorneys,  so- 

T17;  .  iicjtors'anyi  agents,  greeting-  ' 

'  Tv  hereas>  C.  D.  has  lately  exhibited  his^P]  of  r  , 

P  amt, to  the  judge  of  the  circuit  court  in,  ,1 'If Co  r°Z 
countv  and  state  aforesaid,  on  the  chaneerVdde  fhto-e 
of,  against  you  the  said  A.  B.  defendant-  wh  «  > 
among  other  thino-*.  it  P  alledo-p^  ft  l  "  5 
prosecute  thesaid  complainant  alla^tc”  chh“ 
ters  and  tilings  therein  stated  and  set  forth:  i^e  'there 
fore,  in  consideration  of  the  premises.,  do  sVrirtS 

Jerv  the  C°mma!!d/°U  said  A.  £S.,and  all,  and  e£ 
fhe  persons  above  mentioned,  that  you  and  o  r  b 
OI  .you,  do  absolutely  and  entirely  deals  (from  all  for 
ther  proceed, ngs  at  law  against  the  said  compla  nn  ' 
concern, agany  of  the  matters  in  the  said  hill  complain’ 
ed  or,  until  you,  and  each  of  you,  shall  appear  to’  rV 
fully  answer  the  complainant’s  bill  and  l  he  f  i  ’  , 

make  otherorder  to  the  contrary,  '.Hereof  fon'  *  f  " ^ 

*vfri,lv; «* ’  **■ 

J  o  the  s.icriflT  of  said  county  to  execute. 

2.  Form  of  the  injunction  bond  to  be  given  by  the  complain- 

Q.D  t. 

(Penalty,  the  sum  fixed  by  the  court.) 

»iC  condition  of  the  above  obligation  is  virb  fhof 
whereas,  the  above  bound  C.  D.  hfs  prayed  for',  and 


CIRCUIT  COURT. 


i 


u  1 


obtained  a  writ  of  injunction,  from  the  circuit  court  of 
said  cou  \ty,  restraining  and  enjoining  the  said  A.  b. 
from  proceeding  to  the  collection  of  a  judgment  otlaw* 
obtained  by  him  against  the  said  C.  D.,  in  the  said  cir¬ 
cuit  court,  on  the  day  of  ,  A.  I).  »  01  ie 

sum  of  dollars  debt,  (or  damages.)  and  dollars 
costs,  until  the  said  court  shall  make  other  order  to 
the  contrary.  Now,  if  the  said  C.  I).  shall  pay,  or  cause 
to  he  paid  to  the  said  A.  B.,  all  money  and  costs  due, 
or  to  be  due  to  him,  iu  the  said  action  at  law  ;  ana  also, 
all  such  costs  and  damages,  as  shall  be  awarded  against 
the  said  complainant,  in  case  the  said  injunction,  here¬ 
in  granted,  shall  be  dissolved ;  then,  &c. 

3.  Form  of  a  writ  of  injunction,  to  stay  waste,  trespass,  &c. 

(Seo  2  Harrison’s  Chancery,  p.  207.) 

To  A.  B.  and  his  workmen,  laborers,  ser¬ 
vants  and  agents,  each  and  every  ot 
them,  greeting: 

Whereas,  it  has  been  represented  to  the  judge  of  our 
circuit  court,  in,  and  for  the  county  of  ,  (excrcis- 
in*  chancery  jurisdiction,)  in  a  certain  cause  therein 
depending,  wherein  C.D.  is  complainant,  and  you  the 
said  A.  B.  are  defendant,  on  the  part  of  the  said  com¬ 
plainant  ;  that,  you  the  said  A.  B.  are  committing  great 
damage,  waste  ar.d  destruction  on  the  lands  ot  him  tnc 
said  C.  D. ;  being  the  same  lands,  whereon  one  u.  1.1  . 
now  resides,  situate,  lying  and  being  in  the  said  county 
of  ,  on  the  waters  of  ,and  known  and  designat¬ 
ed  as  the  quarter,  of  section  number  ,  in  town-' 
ship  number  ,  of  range  number  .  '  ;?in  the  “is-* 
trict  of  lands  offered  for  sale  at  :  We,  therefore,  - 
in  consideration  of  the  premises  aforesaid,  do  strictly 
enjoin  and  command  you,  the  said  A.  B.,  and  \  our  "’or.<^ 
men,  laborers,  servents  and  agents,  and  an,  anc*  ear  a  o$ 
you.  that  you  do,  from  henceforth,  absolutely  and  en¬ 
tirely  desist  from  felling,  or  cutting  down,  or  otherwise 
injuring  or  destroying  any  timber,  or  other  trees,  stand- 


_ 


forms  of  the 


Of  what  the  law  direct!  1*'?*  uodertIle  Penalty 
l'!e  s^er‘!f  of  said  county  to  execute. 

4.  Form  of  the  injunction  bond  to  be  given  by  the  complain- 

(Penalty,  the  sum  fixed  by  the  judge.) 
whelaHhf  a°bofe  boeund°r  n't' J°"  is  8uch’  that 

obtained'  a  wHt  ^  thf^  £ 

the  «  dC  A1"* B  lld  C°U",ty’  enJoininS  and  commanding 

a-etus  abtll’li  7°^meIn’  servants  and 

CM  ,  A  ‘  and  entirely,  to  desist  from  fe)lj,,„  or 

a  certai ,  tract  of  land^uat 

ass ?  uassr  ?  &#■&* 

number  ^^/eeUon  ugmher  ^  ,  inlovtltj 

lands  offered  for  sale^^-f"  »  i  l™  f*  dlstvicM 

liJ  <>r  any  oth‘«r,  or  tlstelrC)  V 

and  upon  the  said  premises,  until  the  said  court'd  I  m 
m  i  .a  o  ipr  order  toibe  contrary:  Now,  if  the  said  C. 

•  vtail  pay,  or  caose-to  be  paid,  to.the  said  A  F*  .,]*) 

Sll?A  da™ages*i3  ye  may 'sustain,  bv  reason  nf  ^  ' 

7n§  of  «*  #d  injunction,  and  abo  sill  ells 
damages  as  may  be  awarded -against  the  said  comnlajd 
ant,  by  toe  said  court,  in  case  the  said  SnWfinVV 
granted  shall  be  dissolved,  then,  &c.'  ''' 

Juries  cmd  Jurors . 

u  °ath  t0  b0  taUen  «*  the  foreman  of  the  grand  jury. 

“  Vou,  as  foreman  of  thl«  ,i 


tfinerfT  to  uni'-. 


98 


true  presentment  make,  of  all  such  matters  and  things, 
as  shall  he  given  you  in  charge,  or  shall  otherwise  come 
to  your  knowledge,  touching  the  present  service;  ) ou 
shall  present  no  person  through  malice,  hatred  or  ill 
will,  or  shall  you  leave  any  unpresented  through  fear, 
favor  or  affection,  or  for  any  fee  or  reward,  or  tor  any 
hope  or  promise  thereof;  but  in  all  your  presentments, 
you  shall  present  the  truth,  the  whole  truth, and  nothing 
but  the  truth,  according  to  the  best  of  your  skill  and 
understanding.  So  help  you  God.” 


[The  other  jurors  will  then  take  the  following  oath.] 


“  The  same  oath  that  A.  B..  your  foreman,  has  just 
taken  before  you  on  his  part,  you,  and  each  of  you, 
shah  -  11  and  truly  keep  and  observe,  on  your  respec¬ 
tive  parts.  So  help  youjGod/’ 

<  *  •  * 


2.  Form  of  a  venire  facias. 


* 


To  the  sheriff  of  said  epunty,  greeting: 
x  W,e,comma-)d  you,  that  you  cause  to  come  before 
ate  judge  of  our  circuit  court  in,  and  for  the  said  Boun¬ 
ty?  on  the  first  d >«y  of  the  next  term  thereof,  to  be 
Commenced  a  d  holden  at  the  court  house  in  ,  on 
the  Mo  day  in  the  month  of  next,  twelve  good 
and  lawful  men  of  your  county,  who  are  in  uo  wise  of 
kin  to-  A.  B.  the  plaintiff?  ot  C.  D.  the  defefMarit,  to 
make  a  cert  bn  jury  of  the  country,  between  the  parties 
afo;  'eaid,  i  :  a  plea  of  trespass  on  the  cafce,  because  as 
well  the  said  C.  D.,  as  the  said  A.  B.,  between  whom 
the  matter  in  controversy  is,  have  put  themselves  upon 
that  jury;  and  have  you  then  and  there  the  names  of 
the  said  jurors,  together  with  this  writ. 


3.  Form  of  a  venire  facias,  where  one  defendant  pleads,  and 
another  lets  judgment  go  by  default. 


To  the  sheriff  of  said  cou  b;  .  greeting: 
We  command  you,  that  you  cause  to  co  n  efore 

the  judge  of  our  circuit  court,  in,  and  for  the  said  cone- 


u 


ijORMs  of-  *rru, 


tj.oithe  day  of  ,  A.  1).  ,  at  thp  com! 

Iious^  m  ^  ,  twelve  good  and  lawful  men  of  your 

county  who  are  in  no  wise  of  kin  to  A.  B.  the  plaintiff, 
orC.  D.  and  E.  F.  the  defendants,  to  make  a  certain 
jury  of  the  country,  between  tfie  parties  aforesaid,  as 
well  to  try  the  issue  joined  between  the  said  A.  B.  and 
E.  I).,  of  a  plea  of  trespass  on  the  case,  as  to  inquire 
against  the  said  E.  F.,  what  damages  the  said  A.  B. 
hath  sustained,  as  well  by  means  of  the  not  performing 
Oi  the  said  promises  and  undertakings. of  the  said  E. 
f.vA8  for  ^  costs  and  charges,  by  him,  about  his  suit  in* 
tais  oenalf  expended;  thereupon  it  hath  been  consid¬ 
ered,  that  the  said  A.  B.  ought  to  recover  his  dama¬ 
ges  against  the  said  E.  F.,  because  as  well  the  said  C. 
-k *  as  tf)e  sa|d  A.  B.,  between  whom  the  matter  in 
controversy -is,  have  put  themselves  upon  that  jurv- 
and  have  you  then  and  there  the  names  of  the  jurors 
aforesaid,  together  with  this  writ. 

4.  Form  of  a  writ  of  inquiry  of  damages,  after  a  judgment 
by  default  against  the  defendant. 

To  the  sheriff  of  said  county,  greeting: 

Vv  n  ere  as,  in  a  certain  suit  in  our  circuit  court,  in 
am]  for  the  said  county,  of  a  plea  of  trespass  on  the 
case,  between  A.  B.  plaintiff*  and  C.  D.  defendant, 
suen  proceedings  were  thereupon  had  in  the  said  court 
thai  the  said  A.  B.  ought  to  recover  against  tire  said 
C.  D.,  his  damages  on  occasion  of  the  premises:  But 
because  it  is  unknown  to  the  judge  of  our  said  court 
what  damages  the  said  A.  B.  hath  sustained  by  means 
of  the  premises  aforesaid:  We,  therefore,  command 
you,  that  you  cause  to  come  before  the  judge  of  our 
said  ourt,  on  the  day  of  ,  A.  d/  ,  at  the 
court  .house  in  ,  twelve  good  and  lawful  men  of 
your  county,  who  are  in  no  wise  of  kin  to  A.  B, 
the  plaintiff,  or  C.  D.  the  defendant,  to  make  a  cer¬ 
tain  jury  of  the  country,  between  the  parties  aforesaid, 
to  inquire  what  damages  the  said  A.  B.  hath  sustained, 

by  reason  of  the  premises  aforesaid,  in  this  behalf,  and 

/  * 


-CIRCUIT  COURT. 


35 


wherein  the  said  C.  D.  lias  made  default;  and  have 
you  then  a  id  there  the  names  of  the  jurors  aioresaid, 
together  with  this  writ. 

i.  Summons  against  a  juror  for  failing  to  attend  court.  (See 
revised  code  of  1827,  p.  253,  sec.  10.) 

|  To  the  sheriff  of  said  county,  greeting. 

We  command  you  to  summons  A.  B.,  ii  to  be  found 
in  vour  county,  personally  to  be  and  appear  before  the 
circuit  court  of  said  county,  on  the  first  day  of  hie 
next  term  thereof,  to  be  commenced  and  hoklen  at  ihe 
court  house  in  ,  on  the  Monday  in  the  month 
of  next,  to  show  cause,  if  any  he  has,  why  he  should 
not  he  fined,  for  his  contempt  to  the  said  court,  ior  fail¬ 
ing  to  attend  as  a  petit  juror,  (or  grand  juror,  as  the 
case  may  he,)  at  the  late  term  thereof,  although  it 
appears  that  he  was  lawfully  summoned  for  that  pur¬ 
pose;  and  have  you  then  and  there  this  writ,  and  make 
return  thereon,  in  what  manner  you  execute  the  same. 


0.  Form  of  a  special  verdict, 


set. 


term,  A.  D. 


State  of  Illinois,  } 

county  and  circuit,) 

A.  B.  plaintiff,  i  '  .  , 
vs#  v  Trespass  and  Ejectment. 

C.  D.  defendant.)  * 

Afterwards,  to  wit,  on  the  day,  and  at  the  place 
aforesaid,  the  jurors  of  the  jury,  empanneled,  chosen 
and  sworn,  the  truth  to  speak  upon  the  issue  joined, 
between  A.  B.  plaintiff,  and  C.  D.  defendant,  in  the 
above  mentioned  suit,  say  upon  their  oaths  that  (here 
state  the  facts  found  by  the  jury,  in  a  concise  manner, 
ai.d  then  proceed:)  But  whether  or  not,  upon  the  whole 
mal'cr  aforesaid,  by  the  jurors  aforesaid,  in  form  afore* 
said  found,  the  said  C.  D.  is  guilty  of  the  trespass  and 
ejec/ ment  aforesaid,  the  juros  aforesaid  areakogei  h'P 
ignorant;  and  thereupon  they  pray  the  advice  of  the 
said  court,  now  sitting,  &c.  and  ii  upon  the  whole 
H  v-  * 


FORMS  OF  TIIS 


S6 

d.  !™ya: fo  the  8aid  rrt' ,hat  the  ***  C. 

«*"  «>e  jurors  afor^t,™’  K 

form  as  the  s-?id  f  ’  b h^tf  ^  thfeof  *"  -‘"-’-"Id 

him :JZ  1  ^  ss:rfhCOm/,ai',ed  «*5»inst 

“w  ^  b.,  on  occ^JL, f th: 

graf„Tid  Itgb8ll  s^mtoth^J^tKr^dT 

“anoe^dfo^hlSd  A  B  Ml  ^  tllereof  ^ 
i"gs  alleged  against  him  '  halh  “  h'S  Said  Flead- 

31  •  M  Exeat  O’.ipuhlica.*  (See  revised  code  of  1 827  » 

304.)  J  ^ 

*•  F°rm  of  tIie  of  ne  exeat  respublica. 

wi.Aro  .  f-‘*e  sheriff  of  said  county,  ^reetino-* 

'  as’ Jt  has  been  represented  to  thc^  iudp$nfth*« 

£  altst  r  H  PJTa^’  m  a  Petilion  exhibited  by 

\  *  **c"bdlnSl  C.  D.  defendant:  that  the  said  p  n  ^  -V 

assss  •«  |s“7,,i,“  -  wsasA 

«  Sfctlfr  &r°; 

r3®%^:w 

11  He  ,ha11  be  foa"d  in  four  county,  personally  to  be 

courtlt  toe  nTtnre  jud*e  of  ‘be  circuit 

Jidavit  of  the  truth  of  the  allerattons  ac:<romPan,?J  *>j  an  af- 
granted  under  the  statntp«?  <  fin  •  "  •  iierein  CODtained;  and  is 
the  debt  or  demand  if  not  ach  I”°f  “  ,weU  in  cases  where 
facua  fide  in  expectancy  at  T’  b,"f  exists  feiriy  and 

in  -  a  ,s  -.rhere  the  demand  fad  ,ffn  °f-m.?k“S  ■WUcalioo.as 
applicant  should  show  that  his  de’mafdf  "fece**?rT’ that  ?lie 


CIRCUIT  COURT. 


o# 

and  appear  before  our  said  circuit  court,  on  the  lira 
day  of  the  next  term  thereof,  to  be  holden  al  the  corn . 
house  in  •  ,  on  the  Monday  in  the  month  ol 
next  to  answer  to  the  said  petition  exhibited  again. t 
him  by  the  said  A.  B.,  as  aforesaid :  And  also,  tnMyou 
do  at  the  same  time,  cause  him  the  said  C.  1  ni'.y 
and  execute  a  bond  with  good  and  sufficient  sccuri.v, 
d-  to  toe  said  A.  B..  in  the  penal  sum  of  dol- 
FL  /(ho  s„m  fixed  by  the  judge,)  lawful  money  of 
tlie  '  hi  ted  States;  conditioned  that  he  will  not  depan 
thesai !  ta  .  without  leave  of  the  said  court,  and  tl . 
he  will  rn  d  r  himself  in  execution,  to  answer  any 
judgment  or  decree,  which  the  said  may  rencor 

L  u  him  in  the  premises;  and  in  default  ol  h.s  yv 
i,?;  i  bond  a-.d  security,  then  you  arc  to  commit  « 
toVie  common  jail  of  your  county,  there  to  he  kept  »i 
saf,  cc-itodv,  until  he  shall  do  so,  of  his  own  accord; 
and  v’nen  you  shall  have  taken  such  security,  you  are 
forthwith  to  make  and  return  a  certificate  toerco.,  to 
the  said  circuit  court,  distinctly  and  plainly,  under  your 

W'd  a  d  seal,  together  with  this  writ.  t 
‘  [TKe  clerk  should  also  endorse  on  the  writ,  in  what  pena  y 
bot:^  and  security  is  required  of  the  defendant.] 

o  F<  r  n  of  the  bond  to  be  given  by  the  complainant,  to  tr-e  de- 
2*  Son  obtaining  the  above  writ.  (See  revised  code  of 

1827.  p.  305,  sec.  3  and  5.) 

(Pt  i  aUv,  the  sum  fixed  by  the  court.)  . 

The  condition  of  the  above  obligation  is  sue, t,  that 
whereas,  the  above  hound  A.  B.,  has  obtained  an  or- 
thr  from  the  judge  of  the  circuit  court  of  said  county, 
for  the  issuing  of  the  people’s  writ  of  ne  exeat  respub- 
lica;  and  whereas,  the  said  writ  is  about  to  he  issue 
from  the  clerk’s  office  of  the  said  court  commanding 
the  sheriff  of  the  said  county  to  summon  him  the  aoove 
named  C.  D.,  personally  to  be  and  appear  before  the 
Silt  court.  Oh  the  first  day  of  the  next  term 
thereof,  1o  be  holden  at  the  court  house  in  ,on  n  - 

'  ‘  Monday  in  the  month  of  next,  to  answer  the 
petition  exhibited  against  him,  by  the  said  A.  b.,  . 


.V 


as 


FORMS  of  TliE 


t  at  behalf;  and  also  to  oblige  the  «aid  T  V)  *  • 

bond,  with  good  and  sufficient  securitv  n  n'  <0  glVe 
said  A.  B.,  in  the  penal  sum  of  1  in’  ^f  0  1o  }be 
fiey  of  the  United  Stales  ^bars,  lawiul  mo- 

^ part  this  state,  wi them t  leave  of*  th 
tl.al  he  will  render  himself  in  exeru  cnT  C°llr'!  m,d 
judgment  or  decree,  which  the  said  ™  !  a,  SK<  r  m.y 
against  him  in  the  premises-  ardhiwk  urt  ^render 
said  sheriff,  in  default  of  his  givine  ™(!ulri”g  the 

cuiitv.  to  commit  him  In  i  l,^  ^  ^erd  ar,d  se- 

t*  until  he  shall  do  so  J  J»il  oOnid  ooun- 

the  said  A.  B.  shall  we]?  ard  tn.lv  N™’  if 

iX,  all  such  damages  and  costs,  as  he  the  Jjdf  n 

it"  S“s  "J  h’  ”“»» f  u»  »m 

X  P.™  .1  fc  defend- 

(Penalty  the  sum  endorsed  on  the  writ  ) 
i  he  condition  of  the  abovp  nMio-oi-  ' 
whereas,  the  above  named  A,  B  has  oH  ^ 
clerk’s  office  of  the  circuit  cott  of  ^  ^  fr°m,he 
people’s  writ  of  re  exeat  re«n  l  r  "j!d  coun0,  the 
sheriff  of  said  cou^  and  (he 

mon  the  above  bound  C.  D.,  persona  I  k  8f  f°  sum' 

pear  before  the  said  circuii  court  on  h  tt  !  T*  aP' 
the  next  term  thereof,  to  be  holder,  at  the  court  ho  °f 
<a  » on  the  Monday  in  the  month  .f  USe 
to  answer  the  petition  exhibited  aeainst  I  •  i  1K  XI’ 
said  A.  B.,  in  that  behalf;  s  ,h^  h  <»* 

said  C.  D.  to  give  bond  with  good  and^ “&*'  1“  'be 
rity,  payable  to  the  said  A.  B  in  n  ^Clent  secu- 
conditioned  that  he  will  not  depart  1>e.r?ltjr’ 

leave  of  the  said  court,  and  tha?be  W  J 
in  execution,  to  answer  anv  inrUrv^  *  ,  der  ,un»self 

the  said  court  may  render *a«-ar  sf  him^  fcree’wbich 
and  further  requiring  the 
giving  such  bond  and  security,  to 


CIRCUIT  COURT. 


89 


common  jail  of  said  county,  until  he  shall  do  so  of  his 
own  accord •  Which  said  writ  has  been  duly  served  <  n 
the  said  C.  D.,  by  R.  S.,  sheriff  of  said 
thereupon  tendered  the  above  bound  L.  M.,  as  m  - 
c’nritv  incompliance  with  the  requisition  of  said  wi  it 
v  ch’.  dd  uritv  is  approved  by  the  said  sheriff,  and 
the  body  of  the  said  C.  D.  released  from  all  danger  ot 
tX  if  the  said  C.  D.  shall  not  depart  from 
th,  said  state,  without  leave  of  the  said  court,  and  doth 

r  ‘  ler  himself  in  execution  to  answer  any  judgment  or 

in  the  premises,  in  favor  ol  the  said  A.  B.,  then,  cV 

I  do  hereby  certify,  tnat  the  above  bond 

was  taken  by  me,  and  entered  into  and  ac¬ 
knowledged,  by  the  said  C.  D.  and  C  M., 
this  day  of  ,  A.  D.  ’as'lt 
ness  my  hand  and  seal. 

J.  K.  Sheriff  county ,  Illinois. 

4.  Form  of  the  writ  of  procedendo. 

I 

To  A.  B.,  a  justice  of  the  peace,  in,  and 

for  said  county,  greeting. 

certiorari^’’ as  rife  fas^maybe ;)  !uch  Jroceedingsjvave 

f  S  life,  in  all  respects,  as  the/ were  previous 
lollm  taking  Of  he  said  appeal,  (or,  ‘ - prevmns. tothe 
iccuin^of  the  said  writ  of  certioraii,  as  the  y 

be.)  as  aforesaid;  and  inasmuch  as  execution  of  th 
said  judgment  remains  to  be  done  in  conformi  >  ■  ‘ 

law:  We, therefore,  command  you,  that  you  o,  wi, ^  - 
out  further  delay  or  restraint,  proceed  .r »  the ,  sa  Ism 
before  vou,  in  all  respects,  as  though  the  said  appeal 
had  riever  been  taken!  (or, “  as  though  the  writ  of  cor-. 

II  2 


so 


5©RMS  ©F  THE 


IWSteSSsS  "  *•  “  ***  ">'■ 

■J'o  to  .tariff  Of-U  «,„„„, 


22.  Partition  of  Lands. 


i.  ^orm  of  asummons  ao-ainstimni- 
tenants  in  common,  on  a  netitir  n  f  Dan,ts’  c°parceners,  or 
(See  revised  code  of  1827  »  IP  for  the  division  of  land, 

to^7,  p.  18o,  sec.  13,  and  p.  186,  sec.  15.) 

Whereas  4  P°  of  said  c°tinty,  greeting- 

•ircuit  cT«X  in 'aKI. ",  ‘he  ^ of  our 

writing,  for  the  rarlitin  county>  lds  Pe*ition  in 

oriofs,  as  the  case  may  be  )  of'h'j  ‘T’  (or>'aets, 
Gotmt}7,  and  de^ip-natnri  ^  it  ,a,c’  situate  in  said 

insert  a  descri'.lon  of  t"  i°0?dcd  as  folWsi  (l*«re 

"<»«*  said  la iB  (b? 

and  by  l,is  sajd  peti(i  '  b?  t!'e  said  A.  B.,  in. 

B..  and  C.  D.J  F  Z’r  T?longl.nS,°  llim  ‘he  said  A. 

ceners,  or  tenants  io  c‘ommo”"a?tP,nt  (coPar* 

that  ‘he  same  remains  undivided  1^1™"  ’}  “d 

scares  of  each  ’  so  that  the  respective 

from  each  other:  VVe  there'h°""  a“d  dislinghished 
jou  summon  the  said  C  D  F  F  coa™a,,d -vou’  ‘hat 
sivail  he  found  in  your  con.tv  '/"IP  H>’  if  lhe-V 
pear  before  our  said  rir,  - ;  ’  Pe* tonally  to  be  and  ap- 

»« «™  c  st**,*  ->f 

m  ,  on  Hip  it  i  .  :cn  at  tlie  court  house 

to  show  cause,  if  any  Hd^r!the“T‘hof  "ext, 

should  not  be  divided  bv  moles'6’  i"t^  tfl,e  sa,d  la;  0,3 
t<>  the  prayer  of  the  said™  ,  hounds,  according 

with  the  statute  in  such  pe  ltlon>  and  111  conformity 
A  d  iurveyon  theL'd  H-  ^  made  and  Prilled. 

turn  thereon  in  what  '  i<?  118  wr*‘»  and  make  re¬ 
sume.  *  What  ma,mer  shall  execute  the 


(WR«UIT  COURT. 


91 


o  ponn  of  the  report  of  the  commissioners  appointed  to  make 
partition  of  land,  to  the  circuit  court,  (bee  revised  code 
of  11)27,  p.  1U6,  sec.  13.) 

To  the  Hon.  T.  W.  S., judge  of  the  circuit  court,  in. 
and  lor  (.lie  county  of  and  state  of  Illinois. 

\\  e,  the  undersigned,  commissioners,  having  been 
appointed  by  an  order  of  (he  said  circuit  court,  to 
make  partition  of  the  lauds  ai  d  tenements,  mentioned 
ar  d  described  in  the  said  order  of  court,  between  A. 
B.,  C.  D.  and  E.  F.;  do,  in  conformity  with  law  at  d 
the  baid  order  of  court,  make  the  following  report: 
That,  having  been  fust  duly  sworn*  according  to  law, 
fairly  and  impartially  to  make  partition  oi  said  lai  ds, 
between  the  said  parties,  if  the  same  could  be  done 
consistently  with  the  interest  of  the  estate;  we  after¬ 
wards,  to  wit,  on  the  day  of  ,  A.  D.  ,  went 
upon  the  lands  and  teneme:  k  aforesaid,  and  after  hav¬ 
ing  carefully  examined  the  quality,  a;  d  ascertained  the 
quantity  by  the  admeasurement  thereof,  we  proceeded 
to  ascertain  by  metes  and  bounds,  the  respective  shares 
of  each,  according  to  their  several  interests  therein,  in 
the  following  manner,  to  wit:  In  the  first  place,  we  as¬ 
signed  and  set  apart  to  the  said  A.  B.,  the  following 
described  tract,  being  part  and  parcel  of  the  said  lands, 
and  which  is  designated  and  bounded  as  follows,  to 
wit:  (here  describe  the  share  allotted  to  A.  B.:)  In 
the  second  place,  we  assigned  and  set  apart  to  the 
said  C.  D.,  the  following  described  tract,  being  part 
ai  d  parcel  of  the  same  lands,  and  which  is  designated 
a  hounded  as  follows,  to  wit:  (here  describe  the 

a-  of  C.  D.:)  and  thirdly  and  lastly,  we  assigned 
a  d  set  apart  to  the  said  E.  F.,  the  residue  of  said 
1  ds,  which  is  designated  and  bom  ded  as  follow  s,  to 
w  i :  (here  describe  the  share  of  E.  F.)  A  description 

+ Before  commissioners  proceed  to  make  partition  of  lands, 
they  are  required  to  take  an  oath  before  the  circuit  court,  or 
some  justice  cf  the  peace,  fairly  and  impartially  to  make 
pa  rtition  of  the  lands,  if  the  same  can  be  done  consistently 
with  the  interest  of  the  estate.  (See  revised  code  of  1327,  p. 
;186,  sec.  13.) 


92 


FORMS  OF  the 


oi  Which  said  tracts  or  parcels  of  land,  as  partitioned 
and  assigned  to  the  said  A.  B.,  C.  D.  and  E.  h\,  ny 
rnetesand  bounds  as  aforesaid,  will  more  lullv  andVx- 
pl'C'liy  appear,  by  reference  to  the  annexed'  plat  and 
explanations,  which  is  intended  to  be  made  a  part  of 
tins  report;  all  which  is  respectfully  submitted.  Wit- 
i6ss  oui  Lands  and  seals,  thi8  day  oh  4  D 

G.  H.i 

J.  i\ .  >  Commissioners . 

L.  M.3 

23.  Replevin, 

[  1  lie  r  orm  of  the  affidavit  to  be  made  by  th«  plaintiff  pre¬ 
vious  to  the  issuing  of  the  writ,  is  here  omitted, 'as  i.oiii/the 

feOC88J?f‘Uo  atl°™ey  it,  &c.  (See  revised  code  of 

loVi ,  p.  o49,  seo.  ].) 

1.  Form  of  the  summons,  or  writ  of  replevin.  (See  revised 
code  of  1827,  p.  349,  sec.  2.) 

To  the  sheriff  of  said  county,  greeting: 
...  A-  ,  ’  °/  th®.  said  bounty,  shall  give  you  bond! 
with  good  and  sufficient  security,  to  prosecute  his  suit 
to  effect,  and  without  delay,  and  to  make  return  of  the 
following  described  goods  and  chattels,  the  property' 
of  him  the  said  A.  B.,  to  wit;  (here  describe  the  prop- 
erty  to  be  replevied;)  which  C.  D.,  also  of  said  emth- 
ty,  too  and  unjustly  detains,  against  gages  and  pledg- 
«*>  as  he  saith>  if  return  thereof  shall  be  awarded  •  and 
further  to  save  and  keep  you  harmless,  in  replevying 
said  property  *  teen  you  are  to  cause  the  said  goods 
and  chattels  to  be  replevied  and  delivered  to  the  said 
A  B.,  without  delay;  and  to  summon  the  said  C.  D. 
personally  to  be  and  appear  before  our  circuit  court 
in,  and  for  said  county,  on  the  first  day  of  the  next 
term  thereof,  to  be  holden  at  the  court  house  in 
on  she  Monday  in  the  month  of  next,  to  answer 
to  the  plaint  of  the  said  A.  B.,  for  taking  and  unjustly 
detaining  the  goods  and  chattels  aforesaid.  And  make 
due  return  of  the  bond  to  be  taken  from  the  said  plain- 
bit!  as  aforesaid,  to  the  clerk  of  our  said  court,  together 


CIRCUIT  COURT. 


93 


with  this  writ,  with  an  endorsement  thereon,  as  to  the 
manner  in  which  you  may  execute  the  same. 


o#  Form  of  the  replevin  bond  to  be  given  by  the  plaintiff  to 
the  sheriff.  (See  revised  code  of  1827,  p.349,  sec.  1.) 

(Penalty,  double  the  value  of  the  property  to  be  re¬ 
plevied.)  .  .  .  ,  , 

The  condition  of  the  above  obligation  is  such,  that 

whereas,  the  above  bound  A.  B.  has  commenced  an 
action  of  replevin  against  C.  D.,  in  the  circuit  court  of 
said  county,  for  the  taking  and  unjustly  detaining  of 
the  following  goods  ai  d  chattels,  to  wit;  (here  describe 
the  property  to  be  replevied ;)  the  property  ot  him  the 
said  A.  B.,  as  he  saith:  Now,  if  the  said  A.  B.  shall 
personally  be  and  appear  before  the  said  circuit  court, 
on  the  first  day  of  the  next  term  thereof,  to  be  holden 
at  the  court  house  in  ,  on  the  Monday  in  the 
mo  Ah  of  next,  and  shall  then  and  there  prosecute 

his  said  suit  to  effect,  and  without  delay,  and  doth 
make  a  return  of  the  said  property  to  the  said  C.  Lb, 
if  a  return  thereof  shall  he  awarded  by  the  said  circuit 
court,  and  shall  save  and  keep  harmless  the  said  sher¬ 
iff,  i  t  replevying  said  property;  then,  &:c. 

Taken,  &c.  R.  S.  Sheriff  #c. 


3.  Form  of  the  writ  of  retorno  habendo,  with  a  fieri  facias 

for  the  damages  and  costs. 

To  the  sheriff  of  said  county,  greeting: 

Whereas,  C.  D.  was  summoned  to  appear  before  our 
circuit  court  of  said  county,  to  answer  A.  B.  of  a  plea, 
wherefore  the  said  C.  D.,  on  the  •  day  of  ,  A. 
D.  ,  at  the  county  and  circuit  aforesaid,  took  the 
goods  and  chattels  of  him  the  said  A.  B.,  to  wit;  (here 
describe  the  property  as  in  the  plaint  or  declaration.) 
and  unjustly  detained  the  same  against  gages  and 
pledges',  until,  &c.  as  it  was  said;  whereupon  such 
proC'’  .  dings  were  had  thereon,  in  our  said  circuit  court, 
as  that  the  right  of  the  said  property  was  adjudged  io 
be  in  the  said  C.  D.,  and  a  return  thereof  awarded  to 


94 


forms  of  the 


him;  together  with  the  sum  of  dollars  for  his  dam- 
ages  on  occasion  of  the  premises,  and  dollars  for 
ns  costs  and  charges,  about  his  defence  in  that  behalf 
expended,  as  appears  to  us  of  record:  YVe,  therefore 
command  you,  that  you  do,  without  delev,  cause  the 
goods  and  chattels  aforesaid,  to  he  returned  to  the  said 
t0  ho]d  t0  *?im  irrepleviseable, in  form  aforesaid: 
We  also  command  you,  that  of  the  goods  and  chattels, 
lau([s  and  tenements  of  the  said  A.  B.,  in  your  couhty 
you  cause  to  be  made  the  sum  of  dollars,  for  the 
damages  and  costs  aforesaid;  and  that  you  have  that 
money  in  ninety  days  from  the  date  hereof,  to  render 
to  i.c?  said  C.  D.,  for  his  damages,  charges  and  costs 
aforesaid.  And  hereof  make  return  within  ninety  days 
rom  uie  date  hereof,  and  endorse  (hereon  the  manner 
m  waich  you  shall  execute  the  same. 

4.  Form  of  the  return  to  the  above  writ,  when  the  property 
”heeriff?ned  °r  rem0V*d’  80  tbat  h  oaonot  be  found  by  the 

“  Before  the  coming  of  this  writ  to  me,  the  goods 
and  chattels  within  mentioned,  were  eloigned  and  re¬ 
moved  ny  the  within  named  A.  B.,  to  places  to  me  „n- 
h  :  '-vn;  so  that  I  cannot  cause  the  same  to  he  returned 
to  ne  within  named  C.  D.,  as  1  am  within  command- 

K.  S.  Sheriff,  $rc. 

24.  Replevy  Bonds . 

’•  Forna  of  a  replevy  or  forthcoming  bond.  (Sec  revised  code 

of  1829,  p.  90,  sec.  17.) 

Know  all  men,  &c.  unto  A.  B.,  sheriff  of  said  conn- 
(Peoaliy,  double  the  sum  replevied.) 
the  condition  of  (lie  above  obligation  is  such,  that 
wacreas,  a  judgment  was  lately  rendered  in  the  circuit 
t..,, i.j,  of  said  county,  in  favor  of  G.  1  i, a  id  against  the 
aaov-'  bound  C.  D.,  for  the  sum  of  dollars  debt 
yor  damages,  or  as  the  case  is,)  and  dollars  costs:  on 
winch  said  judgment,  an  execution  issued  out  of  the 


CIRCUIT  COUR*. 


vJN 

c  1/ 

* 

clerk's  office  of  the  said  court,  numbered  ,  and 

bearing  date  the  day  of  ,  A.  D.  ;  which 
said  execution  came  to  the  hands  of  the  above  named 
sheriff,  on  the  day  of  ,  A.  D.  ,  and  was  by 
him,  on  the  day  of  ,  of  the  year  last  aforesaid, 
levied  on  the  following  described  good  and  chattels, 
the  property  of  him  the  said  C.  D.,  to  wit;  (here  des¬ 
cribe  the  property  levied  upon;)  and  the  said  C.  D.  be¬ 
ing  desirous  of  retaining  the  same  in  his  possession,  un¬ 
til  the  day  of  sale,  according  to  the  provisions  of  the 
statute  in  such  case  made  and  provided;  and  having 
tendered  the  above  named  E.  F.  as  his  security  for  the 
delivery  thereof,  on  the  said  day  of  sale,  who  is  approv¬ 
ed  of  by  the  said  sheriff,  and  the  said  property  there¬ 
upon  re-delivered  to  the  said  C.  D.:  Now,  if  the  said 
defendant  C.  D.,  shall  have,  or  cause  the  said  property 
to  he  forthcoming,  and  shall  deliver,  or  cause  the  same 
to  be  delivered  to  the  said  sheriff,  at  ,  in  the  said 
county,  on  the  day  of  %  ,  A.  D.  ;  the  day 
and  place  appointed  by  the  said  sheriff,  for  the  sale 
thereof,  in  pursuance  of  law  :  and  shall  not  in  the  mean 
time,  sell,  dispose  of,  or  in  and  wise  injure,  or  destroy 
the  said  property,  or  any  parr  thereof,  whereby  the 
same  may  be  diminished  in  value,  then,  & c. 

A.  B.  Sheriff,  8/c. 

2.  Form  of  the  replevy  bond,  to  be  given  by.a  person  intend¬ 
ing  to  move  for  the  quashal  of  a  fee  bill,  on  account  of  im¬ 
proper  charges,  (See  revised  code  of  1827,  p.  217,  sec.  7.) 

Know  all  men,  &c.  unto  A.  B.  (the  person  or  officer 
to  whom  the  fee  bill  is  due,)  (penalty  double  the  amount 
of  the  fee  hill.) 

The  condition  of  the  above  obligation  is  such,  that 
whereas,  a  certain  fee  bill  issued  out  of  the  clerk's  of¬ 
fice  of  the  circuit  cowrt,  in,  and  for  the  county  of  , 
a  id  state  aforesaid,  in  favor  of  the  said  A.  B.,  and 
agai  nst  the  said  C.  D.,  for  the  sum  of  dollars;  which 
said  fee  bill  came  to  the  hands  of  R.  S..  sheriff  of  the 
said  county  of  ,  on  the  day  of  ,A*J).  9 

to  be  levied  of  the  goods  and  chattels  of  the  said  Ch 


forms  of  the 


to  quash  the  said  fee  bill  at  the  next  term  of  the  circuit 


to  replevy  the  same  by  giving  bond,  and  security  accor¬ 
ding  to  law;  and  having  tendered  E.  F.,  as  his  securi- 

rt  in.  l.  x  1 •  1  I  •  cv»  tit 


ty,  who  is  approved  by  the  said  sheriff:  Now.  if  the 
said  C.  D.  shall  pay,  or  cause  to  he  paid  the  amount  of 
tne  said  fee  bill,  at  the  next  ensuing  term  of  the  said 
last  mentioned  circuit  court.,  to  be  holden  at  the  court 
house  in  ,  on  the  Monday  in  the  month  of 
next,  to  the  said  A.  B.  or  to  the  sheriff,  for  his  use;  un¬ 
less  the  said  last  mentioned  court,  should  quash  the  said 
fee  hill,  together  with  £fis  bond,  or  make  other  order 
to riie  contrary  at  the  said  term;  then,  &, c. 

rt  n  rn  .*  /y>  <t  * 


R.  S.  Sheriff, 


3.  Form  of  a  supersedeas,  to  be  issued  to  the  justice  of  the 
peace  and  constable,  ojplthe  execution  of  an  appeal  bond. 
(See  revised  code  of  lt^T,  p.  268,  sec.  32.) 


To  A.  B.,  a  justice  of  the  peace,  and  C. 
D.,  a  constable,  in,  and  for  said  county, 
greeting: 


Whereas,  in  a  certain  suit  lately  depending  before 
you,  the  said  A.,  R.,  wherein  E.  F.‘  is  plaintiff,  and  G. 
H.  defendant,  judgment  has  been  rendered  in  favor  of 
the  said  plaintiff,  for  the  sum  of  dollars  debt,  (or 
dam  .gas,)  and  dollars  costs,  as  by  the  transcript  of 
the  said  judgment,  from  the  docket  of  the  said  justice, 
filed  in  the  clerk’s  office  of  our  circuit  court,  in,  and  for 
the  said  county,  by  the  said  G.  H.  in  this  behalf  ap¬ 
pears;  and  whereas,  the  said  G.  H.  has  taken  an  appeal 
from  the  said  judgment,  and  has  given  bond  with  secu¬ 
rity  to  the  said  E.  F.,  for  the  due  prosecution  thereof, 
according  to  law;  which  sa:d  bond  is  filed  as  of  record 


CIRCUIT  fOURU* 


9? 

and  constable  as  aforesaid,  that  you  do  entirely  super¬ 
sede,  and  desist  from  proceeding  any  further  in  said 
suit;  and  that  you  do  forthwith  suspend  all  proceedings 
in  relation  thereto,  and  cease  from  molesting  the  said 
G.  H.  in  any  wise  on  that  account,  until  the  said  cir¬ 
cuit  court  shall  make  other  order  to  the  contrary.  And 
this  you  are  in  no  wise  to  omit  at  your  peril. 

To  the  sheriff  of  said  county  to  execute, 

25.  Scire  Facias . 

1.  Form  of  a  scire  facias  to  revive  a  judgment  after  a  year 
and  a  day  has  elapsed,  without  an  execution  having  oeen, 
taken  out  within  that  time. 

To  the  sheriff  of  said  county,  greeting: 
Whereas,  A.  B.  lately,  that  is  to  say,  at  the 
term  of  our  circuit  court,  in,  and  tor  said  comity,  in  the 
year  of  our  Lord  one  thousand,  eight  hundred  and  , 
recovered  a  j  udgment  against  O,  D»,  late  of  said  county, 
in  a  certain  action  of  trespass  on  the  case,  (or  as  the 
action  is,)  for  the  sum  of  dollars  for  his  damages, 
and  the  further  sum  of  dollars  tor  his  costs,  in  that 
behalf  expended;  whereof  he  the  said  C.  D.  is  con¬ 
victed,  as  by  the  rr^ords  and  proceedings  in  our  said 
circuit  court  appeals;  and  forasmuch  as  the  said  A.  B- 
has  complained,  that  lie  hath  not  recovered  any  satis¬ 
faction  for  his  said  damages  and  costs:  We,  therefore, 
command  you,  to  summon  the  said  (-•  D,,  il  he  shall  be 
found  in  your  county,  personally  to  be  and  appear  be¬ 
fore  our  said  circuit  court,  at  the  next  term  thereof,  to 
be  holden  at  the  court  house  in  ,  on  Hie  Mon¬ 
day  in  the  month  of  next,  to  show  cause,  if  any  he 
is,  why  execution  should  not  be  made  of  the  damages 
and  costs  aforesaid.  And  have  you  then  and  tnere 
this  writ,  and  make  return  thereon,  in  what  manner 
you  execute  the  same. 

[Here,  we  would  observe,  that  the  writ  of  scire  facias,  is  a 
judicial  writ,  aud  varies  according  to  the  peculiar  circum 
■tauce  of  each  casein  which  it  issues;  and  must  deferpubiish- 
jog  more  thau  are  already  in  type.} 


98 


FORMS  OF  TILE 


26.  Witnesses'  Fees, 


1.  Form  of  the  affidavit,  by  the  witness,  of  his  attendance,  &c. 

(bee  revised  code  of  1827— p.  215— sec.  6.) 

h,  F.,  being  first  duly  sworn  according  to  law,  depos¬ 
es  and  says,  that  he  attended  days,  as  a  witness,  in 
the  suit  between  A.  B.  plaintiff,  and  C.  D.  defendant, 
m  a  plea  of  debt,  (or  as  the  action  is)  in  the  circuit  court 
of  said  county,  at  the  term  thereof,  A.  D. ;  and 
that  his  said  attendance  was  at  the  instance  of  the  said 
defendant. *  *  <  F 

I  oi in  of  the  affidavit,  when  a  witness  resides  in  a  distant  eonn- 

ly. 

15.  f  .,  being  first  duly  sworn  according  to  law,  depos¬ 
es  and  says,  that  he  attended  days,  as. a  witness  in 
the  suit  between  A.  B.  plaintiff;  and  C.  D.  defendant 
m  a  plea  of  trespass  on  the  case,  for  slander,  (or  as  the' 
action  is,)  in  the  circuit  court  of  said  county,  at  the 
term  thereof,  A.  D.  ;  that  his  place  of  resi¬ 
dence  is  m  the  county  of  ,  distant  nules 

from  the  court  house  in  ,  in  the  said  county  of  • 
and  that  he  attended  from  the  sa^d  bounty  of  a§ 
aforesaid,  at  the  instance  of  the  saifl  plaintiff.  E.  F. " 

27.  Special  Writs  and  Executions. 

1.  Form  of  a  capias  ad  respondendum,  in  an  action  of  debt.^ 

the  sheriff  of  said  count?,  greeting: 

We  command  you,  that  you  take  C.  D.,  if  he  shall 
he  found  in  your  county,  and  him  safely  keep,  so  that 

K 

*In  issuing  an  alias  capias  ad  respondendum;  after  the 
words  “we  command  you,”  in  the  commencement  of  the  writ, 
insert  the  words,  “as  we  have  heretofore  commanded  you  i 
and  in  a  pluries  writ,  say,  “as  we  have  heretofore  oftentimes 
commanded  you.  The  like  addition  will  also  be  proper  in  is¬ 
suing  an  alias  or  pluries,  after  any  of  the  vrits  or  executions 
arranged  under  this  head;  that  being  all  the  difference  be¬ 
tween  the  original  process,  and  that  subsequently  issued, 
when  the  latter  writ  or  execution  is  of  the  same  description 
of  the  former.  ' 


CIRCUIT  COURT. 


99 


county,  on  tli#  first  day  of  the  next  term  thereof,  to  he 
holden  at  the  court  house  in  ,  on  the  Monday 
in  the  month  of  next,  to  answer  A.  B.,  of  a  plea, 
that  he  render  to  him  dollars,  which  lie  owes  to, 

and  unjustly  detains  from  him,*  to  his  damage  dol¬ 
lars,  as  he  saith.  And  have  you  then  and  there  this 
writ;  and  make  return  thereon,  in  what  manner  )0U 
execute  tire  same. 

2.  5orm  of  a  capias  ad  respondendum  in  criminal  cases, 

(Here  go  on  as  in  the  previous  form,  until  the  charge, 
and  then  say,) 44  To  answer  to  the  people  of  the  smte 
of  Illinois,  for,  and  concerning  the  crime  of  (here  state 
the  offence^}  with  which  the  said  C.  D.  stands  cnarged 
in  our  said  court,  as  by  a  certain  bill  of  indictment  pre¬ 
ferred  against  him,  by  the  grand  jury  of  said  county, 
in  that  behalf  appears.  And  have  you  then,  &lc. 

3.  Form  of  the  endorsement  by  the  clerk  on  the  above  writ. 

« it  is  ordered  by  the  court,  that  the  within  named 
defendant  C.  EC  b  ’  eld  to  bail  in  the  sum  of  dol- 

I 


lars.” 


4.  Form  of  an  escape  warrant. 


To  all  sheriffs,  coroners,  constables  and 
bailiffs, in  the  said  state,  greeting: 


Whereas,  complaint  has  been  ma(fe  to  us,  that  C.  D., 


who  was  lately  arrested  by  the  sheriff  of  said  county, 

*  °  '  IL "  * 


*!f  in  covenant,  say >of  a  plea  of  covenant  broken  if  in 
trespass,  say,  “of  a  plea  of  trespass  on  the  case;”  if  in  an  ac¬ 
tion  of  trespass  assault  arid  battery,  say,  “in  a  plea,  why  with 
force  and  arms,  he  made  an  assault  on  him  the  said  A.  B.,  in 
said  county,  and  him  beat,  wounded  and  abused,  so  that  his 
Ice  was  despaTrcV.  of,  and  other  outrages  on  him  committed,  to 
11  e  irreat  damage*,”  t4bc.;  if  in  an  action  of  qua  re  clausum  fre- 
gjt,say,  “in  a  plea,  why  with  force  and  arms,  the  close  of  him 
the  s,  'd  '  .  B.,  iu  said  county,  he  broke  and  entered,  and  the 
corn  and  •  *s,  there  lately  growing,  trod  down  and  destroy¬ 
ed,  and  other  outrages  on  him  committed,  to  the  damage/*  &c» 


to* 


TO  RMS  OF  THE 


oy  virtue  of  a  writ  of  capias  ad  respondendum,  issued 
out  of  d  o  clerk’s  office  of  the  circuii#court  of  said 
.:ou:  (y,on  a  charge  of  his  having  committed  the  crime 
ot  (here  describe  tlie  offence;)  did,  on  the  day  of 

’  A‘,  D* *  >  forcibly  escape  from  the  custody  of 
ihe  said  sheriff,  after  he  the  said  C.  D.  had  been  law- 
lully  arrested  by  virtue  of  the  said  capias  as  aforesaid 
and  is  now  going  at  large  in  said  state:  We,  therefore’ 
command  you,  .and  each  of  you,  in  your  respective’ 
counties,  townships  and  precincts,  to  make  diligent 
search,  by  way  of  hue  and  cry,  for  the  said  C.  D.,  and 
him  having  found,  to  seize  and  retake,  and  safelv  con¬ 
vey,  or  cause  him  to  be  safely  conveyed,  to  the  prison 
of  the  said  county  of  ,  there  to  be  kept  in  close 
custody  by  the  jailer  of  said  county,  until  he  shall  be 
thence  discharged  by  due  course  of  law. 


5.  Form  of  a  summons,  in  an  action  of  assumpsit* 


To  the  sheriff  of  said  county,  greeting* 
We  command  you,  (hat  you  summon  C.  D.,  if  he 
shall  be  found  in  your  county,  personally  to  be  and  ap¬ 
pear  before  the  circuit  court  of  said  county,  on  the 
first  day  of  the  next  term  thereof,  to  be  holden  at  the 
court  house  in  ,  on  the  Monday  in  the  month 
of  next,  to  answer  A.  B.,  of  a  plea  of  trespass  on 
the  case,  on  promises,  to  the  damage  of  him  the  said 
A.  B.  dollars,  as  he  saith:  And  have  you  then,  &c. 


6.  Form  of  a  subpoena  for  a  witness. 


g- 


i  o  the  sheriff  oi  said  county,  greetin 
We  command  you,  that  you  summon  E.  F.,  if  he  shall 
be  found  in  your  county,  personally  to  be  and  appear 
before  the  circuit  court  of  said  county,  on  the  day 
of  the  next  term  thereof,  to  be  holden  at  the  courthouse 


j  I.U.I  .  -  - 

*The  form  of  this  writ  may  be  easily  varied  to  suit  the  cir¬ 
cumstances  of  each  case,  in  which  it  may  be  applied'  for,  by 
attending:  to  the  several  variations,  in  the  nrer^rhV.n-  mAT 


cumsiances  ui  eauu  uuse,  xu  wmen  it  may  he  applied  for,  by 
attending  to  the  several  variations,  in  the  preceding  forms 
under  the  head  of  “  capias  ad  respondendum,”  in  civil  cases 


i  j 


CIRCUIT  COURT. 


101 


in  ,  on  the  Monday  in  the  month  of  next,  to 
testify,  and  d^truth  to  speak,  in  a  certain  action  now 
depending  a^Wmd  etc  r  mined  in  the  said  court,  wherein 
A.  Ik  is  plaintiff,  and  C.  D.  defendant,  in  a  plea  of  tress¬ 
pass  on  the  case,  for  slander,  (or  as  the  action  is)  on  the 
part  of  the  said  plaintiff:  (or  defendant,  as  the  case  may 
be:)  and  this  he  shall  in  no  wise  omit,  under  the  penal¬ 
ty  of  what  the  law  directs.  And  have,  &c. 

7.  Form  of  a  subpoena  duces  tecum. 

(Here  proceed,  as  in  the  case  of  a  subpoena  for  a  wit¬ 
ness,  and  say,)  uand  also  require  the  said  E.  F .  to  bring 
with  him,  and  produce,  at  the  time  and  place  aforesaid, 
a  certain  deed,  or  instrument  of  writing,  bearing  date, 
&c.  (here  describe  the  paper  to  be  produced:)  then  and 
there  to  testify,  and  the  truth  to  speak,  concerning  all 
and  singular  those  things,  of  which  he  may  have  know¬ 
ledge,  or  the  said  instrument  of  writing  doth  import,  of, 
and  concerning  a  certain  cause,  now  depending,  and 
undetermined  in  the  said  court,  wherein  A.  B.  is  plaint¬ 
iff,  and  C.  D.  defendant,  in  a  plea  ot  debt,  for  dol- 
laes,  and  dollars  damages,  on  the  part  ot  the  said 
defendant:  and  this  he  shall,"  &x. 

8.  Form  of  a  writ  of  capias  ad  satisfaciendum. 

To  the  sheriff  of  said  county,  greeting: 

We  command  you,  that  von  take  C.  D.,  it  he  shall  be 
found  in  your  county,  and  him  safely  Jeep,  so  that  you 
may  have  his  body  before  the  circuit  eburt  of  said  coun¬ 
ty,  on  the  first  day  of  the  next  term  thereof,  to  be  hold- 
en  at  the  court  house  in  ,  on  the  Monday  in  the 
month  of  next,  to  satisfy  A.  B.  for  dollars  debt, 
(or  damages,)  which  the  said  A.  B.  hath  lately  recover¬ 
ed  against  him  in  our  said  court,  and  also  dollars, 
which  were  at  the  same  time  adjudged  <o  him  for  his 
damages  which  he  hath  sustained,  as  well  by  occasion 
of  ihe  detention  of  said  debt,  as  for  his  costs  and  charg¬ 
es,  in  that  behalf  expended;  whereof  the  said  C.  D.  is 
convicted,  as  appears  to  us  of  record.  And  have,  &c. 

J  2 


102 


forms  or  THE 


9.  Form  of  a  fieri  facias  execution. 

To  the  sheriff  of  said  cdtety,  greeting; 
.  Ve'  ™mmand  you,  that  of  the  goods  and  chattels, 
lar  ds  and  tenements  of  C.  D.,  which  shall  he  found  in 
your  county,  you  cause  to  be  made  the  sum  of  dol¬ 
lars,  which  A.  13.  hath  lately  in  the  circuit  court  of  said 
county,  recovered  against  him  for  his  damages,  by  rea- 
son  o  certain  trespasses  by  him  the  said  C.  D.  to  the 
J  ud  A.  B.  lately  done;  and  also  the  further  sum  of 
dollars,  which  were  adjudged  to  him  for  his  costs  and 
cj urges  in  that  behalf  expended,  whereof  the  said  €.  D. 

convicted,  as  appears  to  us  of  record:  and  have  that 
money  ready  in  ninety  days  from  the  date  hereof,  to  ren- 
der  to  the  said  A.  B.  for  his  damages  and  costs  afore- 
s.  *  -Wereof  fail  not,  and  make  return  of  this  writ  in 
ninety  days  from  the  date  hereof,  with  an  endorsement 

thereon,  as  to  the  manner  in  which  you  may  execute  the 
same. 

*0*  Fieri  facias  against  an  administrator,  de  bonis  testatoris. 

To  the  sheriff  of  said  county,  greeting: 
0  you,  that  of  the  goods  and  chattels  of 

V-  Po  deceased,  in  the  hands  of  E.  F.  his  administrator, 
•o  be  administered,  and  which  may  be  fouRd  in  your 
county,  you  cause  to  be  made,  a  certain  debt  of  "dol- 
»ur  ,  which  A.  B.  lately  in  the  circuit  court  of  said 
county,  recovered  against  the  said  E.  F.  as  administrat¬ 
or  as  aforesaid  ;  and  also  the  furthersum  of  dollars 
which  was  adjudged  to  the  said  A.  B.  for  his  costs  and 
charges  in  that  behalf  expended,  whereofthe  said  E.  F 
J?  conv‘cted,  as  appears  to  us  of  record:  and  have  you’ 
that  money  ready  in  ninety  days  from  the  date  hereof,  to 
render  to  the  said  A.  B.  for  his  debt  and  costs  aforesaid, 
riereof  fan  not,  and  make  return  of  this  writ  within 
the  said  space  of  ninety  days,  with  an  endorsement 

•hereon,  as  to  file  manner  in  which  you  may  execute 
the  same.  ;  J  “  " 


CIRCUIT  COURT. 


104; 


It  Fieri  fnc.ias  against  principal  and  bail,  on  a  recognizance, 
for  flu  and  eels.  (Sec  reviseu  code  of  1 827-p.  164,  see. 


To  the  sheriff  of  said  county,  greeting: 

We  command  you,  that  of  the  goods  and  chattels, 
lands  and  tenements  oi  A.  B.  as  principal,  and  <J.  1  >. 
his  bail,  which  may  be  found  in  your  county,  you  cause 
to  he  made  the  sum  of  dollars,  the  amount  ot  a  tine 
lately  assessed  against  the  said  A.  B,  in  the  cu t uit 
court  of  said  county,  at  the  suit  ot  the  people  of  said 
state  -  and  also  the  further  sum  of  dollars,  which  was 
adjudged  to  the  said  plaintiffs,  for  their  costs  and  charg¬ 
es  in  that  behalf  expended:  and  have  that  money  iea- 
dv  in  ninety  days  from  the  date  hereoi,  to  render  to  the 
said  people,  and  such  other  persons  as  ma\  be  entitled 
thereto,  for  their  fine  and  costs  aforesaid;  according  to 
the  form  and  effect  of  a  certain  recogi  zaire,  by  tnem 
the  said  A.  B.  and  C.  D.  acknowledged  and  euteied  in¬ 
to,  in  our  said  circuit  court,  on  the  day  of  A.  l  b 
as  by  the  records  and  proceedings  oi  our  said  court 
in  that  behalf  appears,  and  with  the  conditions  of  which 
said  recognizance  the  said  A.  B.  has  not  complied. 
Hereof  fail  not,  and  make  return  of  this  writ  within  the 
said  space  of  ninety  days,  with  an  endorsement  thereon, 
as  to  the  manner  in  which  you  may  execute  the  same. 


12.  Fieri  facias,  for  fine  and  costs,  in  criminal  cases. 


To  the  sheriff  of  said  county,  greeting: 

We  command  you,  that  of  the  goods  and  chattels, 
lands  and  tenements,  of  A .  B.  in  your  county,  and  also 
of  all  such  real  and  personal  estate  as  belonged  to  him, 
on  the  day  of  A.  D.  ,  (the  date  of  the  indict¬ 
ment,  or  arrest,  as  the  case  may  be)  you  cause  to  be 
made  the  sum  of  dollars,  the  amount  of  a  fine  late¬ 
ly  assessed  against  him  in  the  circuit  court  of  said  coun¬ 
tv,  at  the  suit  of  the  people  of  said  state,  and  also  the 
further  sum  of  dollars,  which  was  adjudged  to  the 
said  plaintiffs,  for  their  costs  and  charges  in  that  behalf 
expended ;  and  have  that  money  ready  in  ninety  days 
from  the  date  hereof,  to  render  to  the  said  people,  and 


forms  of  the 


104 


fine  and^o  p  T  ay  be  en(l(,ed  ,lleret0-  for  their 
A  H  c  aforesaid :  it  appearing  to  us  that  the  said 
A.  13.  was  arrested  on  the  said  day  of  A.  D 

oi,  an  indictment  preferred  against  him  on  the  '  day- 

’  A*  ? l0r  the  crime  of  ,  whereof  he  wn* 

Zrt’  andrfi-0?,d  as  aforesaid  as  appears  to  us  of  re- 

“ It  ,Here?[  »“*«  "at,  and  make  rlturo  of  this  unit 
r  ithiu  (;le  said  space  of  ninety  days,  and  endorse  there- 

’  nc  manner  m  watch  you  may  execute  the  same. 
i->.  Form  of  a  capias  pro  fine. 

■rrr  ^ ^  s! » eiiU  oi  Siiid  county,  CTcotino’* 

We  command  you,  that  you  take  A.B.,  ifbfXft 

Sound  in  your  county,  and  him  safely  keep,  so  that  vou 

f”“>  'f,VC  ,)‘>d3'  before  the  circuit  court  of  said  coun- 
on  .he  first  day  of  the  next  term  thereof;  to  be  hoid- 
!, th®  court  bouse  in  ,  on  the  Monday  in  <  he 
ToT  ‘°  the  Peopie  °f  the  said  state 

srtsr*  r,i° ^  *l  *?£ 

■  j  c.  dollars,  which  was  at  the  same  time  ad. 

■!'ld^;'1,t0,th|e.said  plaintiffs,  for  their  costs  and  charges 
i  -  t  iru  behalf  expended,  whereof  the  said  A.  B.  is  con- 
vtcied,  as  appears  to  us  of  record.  And  have  vou  then 
there  tms  writ,  a  fid  make  return  thereon,  in  what  man 
ner  you  execute  the  same. 

14.  Form  of  a  fieri  facias  for  costs. 

w  .  ihe  sheriff  of  said  county,  greeting- 

We  command  you,  that  of  the  goods  and  chattels' 
ands  and  tenements  of  A.  B.,  in  your  county,  you  J 
o  be  made  die  sum  of  dollars,  which  to  C.  D ]  was 
hit  Iv  adjudged  in  the  circuit  court  of  said  county  for 
his  costs  and  charges  about  his  defence  in  a  certain  acti- 
on  of  against  him,  at  the  suit  of  the  said  A.  B.  in  o,,r 
.aid  court  sustained;  whereof  the  said  A.  B.  is  convict¬ 
ed,  as  appears  to  us  of  record:  and  have  that' money  rea¬ 
dy  m  ninety  days  from  the  date  hereof,  to  render  to  the 


CIRCUIT  COURT. 


1 05 


said  C.  D.  for  bis  costs  and  charges  aforesaid.  Hereof 
fail  not,  and  make  return  of  this  writ  in  the  said  space 
of  ninety  days,  with  an  endorsement  thereon,  as  to  the 
I  manner  in  which  you  execute  the  same. 

15.  Form  of  a.  venditioni  exponas  execution* 

To  the  sheriff  of  said  county,  greeting: 

Whereas,  by  our  writ  of  fieri  facias,  we  lately  com¬ 
manded  you,  that  of  the  goods  and  chattels,  lands  and 
tenements  of  C.  D.,in  your  county,  you  should  cause 
to  be  made  the  sum  of  dollars  debt,  and  dollars 
costs,  which  A.  B.,  lately  in  the  circuit  court  of  said 
countv,  recovered  against  him,  as  by  the  records  and 
proceedings  of  the  said  court  in  that  behalf  appears: 
and  you  having  made  return  on  that  writ,  that  you  had 
taken  by  virtue  thereof,  the  following  goods  and  chat¬ 
tels  of  the  said  C.  D.,  to  wit;  (here  describe  the  pro¬ 
perty  levied  upon;)  which  said  goods  and  chattels  re¬ 
mained  in  your  hands  unsold,  for  want  of  buyers:  We, 
therefore,  command  you,  that  you  sell,  or  cause  to  ne 
gold,  the  said  goods  and  chattels  of  the  said  C.  D.,  by 
you  in  form  aforesaid  taken,  without  delay;  and  have 
that  money  ready  in  ninety  days  from  the  date  hereof, 
to  render  to  the  said  A.  B.  for  his  debt,  and  costs  afore¬ 
said.  Hereof  foil  not,  and  make  return  of  this  writ  in 
the  said  space  of  ninety  days,  with  an  endorsement 
thereon,  as  to  the  manner  in  which  you  execute  the 

same. 

16.  Venditioni  exponas  for  part,  and  fieri  facias  for  the  residue. 

v  To  the  sherilF of  said  county,  greeting: 

Whereas,  by  our  writ  of  fieri  facias,  we  lately  com¬ 
manded  you,  that  of  the  goods  and  chattels,  lands  and 
tenements  of  C.  D.,  in  your  county,  you  should  cause 
to  he  made  the  sum  of  dollars  damages,  and 
dollars  costs,  which  A.  B.  lately  in  the.  circuit  court  of 
said  county,  recovered  against  him,  as  by  the  records 
and  proceedings  of  the  said  court  in  tnat  behali,  ap 


FORMS  OF  the 


105- 

pears:  and  you  having  made  return  on  that  writ,  that 
you  nad  taken  by  virtue  thereof,  the  following  goods 
and  chattels  of  the  said  C.  D.,  to  wit;  (here  describe 
tne  property  levied  upon;)  which  are  insufficient  for  the 
disc  mi  ge  and  satisfaction  of  the  damages  and  costs  a- 
foresaid ;  and  which  said  goods  and  chattels  remained 
in  jour  hands  unsold,  for  want  of  buyers:  We,  therefore 
command  you,  that  you  expose  to  sale  the  goods  and’ 
chattels  of  the  said  C.  D.,  by  you  in  form  aforesaid  tak¬ 
en  (or  the  best  price  that  can  be  obtained  for  the  same- 
and  also  that  yon  cause  to  be  made  the  residue  of  the 
su.  amages  and  costs,  of  other  goods  and  chattels, 
lands  and  tenements  of  the  said  C.  D.,  in  your  county; 
?,nd  hhje  tuose  sums  of  money  ready  in  ninety  days  from 
the  date  hereof,  to  render  to  the  said  A.  B.  for  his  da- 
mages  and  costs  aforesaid.  Hereof  fail  not,  and  make 
return  of  this  writ  in  the  said  space  of  ninety  days,  with 
a, i  endorsement  thereon,  as  to  the  manner  in  which  you 
execute  the  same.  * 

17.  Form  of  the  writ  of  execution  on  ajudgment  of  conviction 
in  a  case  of  capital  punishment. 

To  the  sherifTof  said  county,  greeting: 
v  hereas,  A.  B.  hatn  lately  been  indicted  of  the  crime 
,  by  him  done  and  committed,  in  the  circuit  court 
°!  said  county,  and  hath  been  arraigned,  tried  and  con¬ 
victed  thereof,  m  due  form  of  law;  and  whereas,  judg¬ 
ment  hath  been  given  in  our  said  court,  that  the  said  A 
shall  be  hanged  by  the  neck  until  he  is  dead ;  arid  that 
ext  cuhon  q/ the  said  judgment  he  made  and  done,  upon 

the  said  A;  6.^  on  AY  ednesday,  the  day  of  .  A.  D. 

.  ,  ’between  the  hours  of  "  in  the  morning, and  ' 

in  toe  ey ening  of  the  same  day,  at  some  convenient  place 

10  " :i(i  .vl^.nU7  oi  ’  in  sai(J  county,  in  the  usual  man¬ 
ner  ot  inflicting  punishment  in  such  cases;  and  where- 

execm  i°  f  of  the  said  se"terce  remaineth  yet  to  be 
done:  VVe,  therefore,  comma  id  you,  that  you  take, and 
convev  the  body  of  the  said  A.  P,  in  safe  custody,  to 
the  place  of  execution,  on  the  said  day,  between  the 


CIRCUIT  COURT.  I'** 

h.Gurs  aforesaid,  and  that  you  then  and  there,  cause  ex¬ 
ecution  to  be  done  upon  the  said  A.  B.  in  your  custody 
so  being,  in  all  things  according  to  the  said  judgment. 
And  this  you  shall  in  no  wise  omit  at  your  peril;  and 
make  return  of  this  writ,  with  an  endorsement  thereon, 
as  to  the  manner  in  which  you  execute  the  same. 

1C.  Attachment  against  a  witness,  for  a  contempt. 

To  the  sheriff  of  said  county,  greeting: 

We  command  you,  to  attach  A.  B.,  il  '  e  "hall 
found  in  \our  county,  and  him  safely  keep,  so  that  you 
mav  have  his  body  before  the  circuit  com  i  ot  Stfid  (  can¬ 
ty,  on  the  first  day  of  the  next  term  thereof,  to  be  hold¬ 
er  at  the  court  house  in  ,  on  the  Monday  it:  the 
month  of  next,  to  testify,  and  the  truth  to  speak,  in 
a  certain  cause  now  depending  and  undetermined  in 
the  said  court,  wiierein  C.  D.  is  plaintiff  and  E.  1  .  de¬ 
fendant,  in  a  plea  of  trespass  oh  the  case,  on  promises, 
on  the  part  of  the  said  defendant;  and  also  to  answer 
for  his  contempt  to  the  said  court,  for  having  failed  to 
attend  as  a  witness  in  the  said  suit,  at  the  la*e  term 
thereof,  when  lawfully  summoned  at  the  instance  ot  t  ie 
said  E.  F.  for  that  purpose.  And  have  you  then  and 
there  this  writ,  and  rime  return  thereon,  in  what  man¬ 
ner  you  execute  the  same. 

19.  Form  of  a  mittimus.* 

.  -  *1 

To  the  sheriff  of  said  county,  greeting. 

Whereas,  A.  B.  hath  lately  been  indicted  in  the  cir¬ 
cuit  court  of  said  county,  of  the  crime  of  -  ,  by  him 

done  and  committed,  a  d  hath  been  arraigned,  tried 
and  convicted  thereof,  in  due  form  of  law;  and  where¬ 
as,  judgment  hath  been  gire n  thereuoo-  in  our  said  cir¬ 
cuit  court,  that  the  said  A.  B.  should  make  his  fine  to 
the  people  of  said  state,  in  the  sum  of  dollars,  and 
also  pay  the  costs  of  the  said  prosecution  against  him, 

*U  is  proper  that  every  mittimus  should  have  expressed  up¬ 
on  its  face,  the  cause  for  whickthe  comrnitmeut  is  made. 


*  _  --—I 


/ 


i' 

H  I. 


I'  4- Jr 

MM  f 

S  ft} 
mm 


y^U 


5«RMS  OF  THE 


i  •?» 


which  amount  to  the  further  sum  of  dollars;  and 
also  that  he  the  said  A.  B.  should  stand  committed,  until 
the  said  tine  and  costs  should  he  paid  as  aforesaid ;  and 
wheieas,  execution  of  the  judgment  remaineth  \et  to 
he  done:  We,  therefore,  command  you  to  take,  and 
imp  i  ison  the  said  A.  i>.  in  the  common  jail  of  said  coun* 
tj,  and  him  safely  keep  in  your  power  and  custody,  un¬ 
til  lie  shall  pay  the  said  fine  and  costs,  of  his  own  ac¬ 
cord,  or  shall  be  thence  discharged  by  due  course  c£ 
law. 

28.  Sheriff's  Returns . 

1.  Return  of  cepi  corpus,  to  a  writ  of  capias  ad  respondendum. 

I  have  taken  the  within  named  C.  D.,  whose  body  I 
have  ready,  at  the  day  and  place  within  mentioned,  as 
within  I  am  commanded.  A.  B.  Sheriff,  &c.* 

2.  Return  of  non  est  inventus. 

i  nc  within  named  C.  .0.  is  not  found  in  my  county® 

3.  Return  of  the  levy  of  a  writ  of  attachment. 

By  virtue  of  the  within  writ  to  me  directed,  I  have 
attached  the  following  described  goods  and  chattels,  of 
the  within  named  C.  D.,  to  wit;  (here  describe  the 
property  attached;)  which  I  have  safe  in  my  custody, 
as  by  the  said  writ  I  am  commanded;  I  have  also  sum¬ 
moned  ttiQsaid  E.  F.,  as  garnishee,  to  appear  and  an¬ 
swer,  t>n  the  day,  and  at  the  place  aforesaid,  as  by  the 
same  writ  I  was  also  directed. 


* . 


*Each  of  the  returns  classed  under  this  head,  should  regu¬ 
larly  >e  signed  by  the  sheriff,  or  officer  executing  the  writ,  who 
should  also  state  at  the  end  of  his  signature  the  name  of  the 
county  and  state,  of  which  he  is  sheriff,  &c.  The  most  usual 
way  is  to  insert  the  initials  only  ;  as  when  for  instance,  the 
officer  is  the  sheriff  of  Randolph  county,  it  will  be  sufficient 
for  him  to  sign  his  name  thus A.  B.  sheriff,  R,  C.  Ill, 


\  V' 


^iRCtnT  COURT.  ^ 

4.  Return  of  scire  leci,  to  a  writ  of  scire  facias. 

By  virtue  of  this  w  rit  to  me  directed,  i  have  sum- 
mo  ed  the  within  named  C.  D.,  to  appear  at  the  day 
and  place  within  mentioned,  to  show,  to.  as  by  tae 
said  writ  he  is  required,  and  as  within  l  am  commanded. 

5.  Scire  feci  as  to  one,  and  nihil  as  to  the  otner. 

By  virtue  of  this  writ  to  me  directed,  I  have  sum* 
moned  the  within  named  C.  D.,  to  appear  at  the  day 
and  place  within  mentioned,  to  show,  to.  as  by  die 
said  w  rit  be  is  required,  and  as  1  am  within  command¬ 
ed;  but  the  within  named  E.  F.,  is  not  found  in  my 

county. 

6.  Return  of  a  summons,  or  subpoena,  when  executed. 

B'  virtue  of  this  writ  to  me  directed,  I  have  sum¬ 
moned  the  within  named  C.  D.,  to  appear  at  the  day 
and  place  within  mentioned,  to  answer,  to.  (or  to  tes¬ 
tify,  to.  if  a  subpoena,)  as  by  the  said  writ  he  is  requir¬ 
ed,  and  as  within  I  am  commanded. 

7.  Return  of  rescue,  when  a  person  is  in  custody,  and  is  for¬ 
cibly  rescued. 

Bv  virtue  of  this  writ  to  me  directed,  I  took  and  ar¬ 
rested  the  within  named  C.  D.,  according  to  the  exi- 
ge  Cy  of  the  said  writ,  arid  him  safely  kept  in  mv  cus¬ 
tody,  until  G.  H.  and  L.  M.,  of  said  county,  and  divers 
other  persons  to  me  unknown,  on  the  day  of  , 
A.  D.  ,  at  the  county  aforesaid,  with  force  and 

arms,  assaulted  and  ill-treated  me,  and  then  and  there 
forcibly  rescued  the  said  C.  D.  from,  and  out  of  my 
custody;  and  afterwards  the  said  C.  D.  is  not  found  in 
mv  county,  so  that  I  cannot  have  his  body,  as  within  I 
am  commanded. 

8.  Return  of  fieri  feci. 

Bv  virtue  of  this  writ  to  me  directed,  F  have  caused 
to  be  made  of  the  goods  and  chattels  of  the  wit  Ivin 
named  C.  G.,  the  debt,  (or  damages,)  and  co^ts  within 

K 


FORMS  OF  r£HE 


no 

mentioned;  which  1  have  ready  within  the  time  speci- 
lied  in  said  writ,  to  render  to  the  said  A.  B.;  for  his  debt 
and  costs  aforesaid,  as  within  I  am  commanded. 

9.  Form  of  the  return  of  nulla  bona. 

The  within  named  C.  D.  has  no  goods  or  chattels, 
lands  or  tenements, in  my  county,  whereof  I  can  cause 
to  he  made  the  damages,  (or  debt,)  and  costs  within 
mentioned,  or  any  part  thereof,  according  to  the  exi¬ 
gency  of  this  writ. 

10.  Fieri  feci  as  to  part,  and  nulla  bona  as  to  the  residue. 

¥  • 

By  virtue  of  this  writ  to  me  directed,  I  have  caused 
to  be  made  of  the  goods  and  chattels  of  the  within 
named  C.  D.,  the  sum  of  dollars,  which  I  have  rea¬ 
dy  within  the  time  specified  in  said  writ,  to  render  to 
the  said  A.  B.  in  part  of  his  damages,  (or  debt,)  and 
costs  within  mentioned:  And  I  further  certify,  that  the 
said  C.  D.  has  not  any  other  goods  or  chattels,  lands 
or  tenements  in  my  county,  whereof  I  can  cause  to  be 
made  the  residue  of  the  damages  and  costs  aforesaid, 
according  to  the  exigency  of  this  writ. 

11.  Fieri  feci,  anti  that  the  sheriff  has  paid  a  part  of  the  sum 
levied,  to  the  landlord  for  rent. 

Bv  virtue  of  this  writ  'o  me  directed,  I  have  caused 
to  be  made  of  the  goods  and  chattels  of  the  within 
named  C.  D.,  to  the  value  of  >  dollars;  and  I  further 
certify,  that  I  have  paid  to  IJ,  F.,  the  landlord  of  the 
premises  on  which  the  said  goods  and  chattels  were  ta¬ 
ken,  the  sum  pf  dollars*  for  so  much  rent  due  to  him 
for  the  said  premises,  for  the  term  of  months,  com¬ 
mencing  on  the  day  of  ,  EX  ;  and  end¬ 
ing  the  dav  of  ,  A.  D.  ;  and  the  remaining 
sum  of  dollars,  I  have  ready,  to  render  to  the  said 
A.  B.  for  his  debt  and  costs  aforesaid,  as  within  I  am 
commanded. 

12.  Return  of  nulla  bona  testatoris. 

The  within  narrv^d  C.  D.  hath  no  goods  or  chattels, 
which  were  pf  the  within  named  E.  F.,  at  the  time  of 


circuit  court. 


11, V 


his  death,  in  his  hands  to  be  administered,  in  my  com- 
tv  whereof  !  can  cause  to  be  made  the  debt  and  costs 
within  mentioned,  or  any  part  thereof,  as  within  1  at 

oommanded. 

If!  Return  of  nulla  bona  testatoris,  with  the  suggestion  of  a 
13.  Return  nu  tUe  administrator. 

The  within  named  C.  D.  lias  no  goods  or  chattels, 
which  were  of  the  within 'named  E.  b.,  at  the  time  of 
his  death,  in  his  hands  to  be  administered,  in  my  conn- 
tv-  but  divers  goods  and  chattels,  which  were  of  Ue 
said  E.  F.  at  the  time  of  his  death,  to  the  value  of  he 
debt  and  costs  within  mentioned,  after  tne  dean  o 
said  E.  F..  came  to  the  hands  ol  the  said  t .  L.  to  .  - 
administered;  which  said  goods  and  cl.atlels  the  stud 
C  D.  hath,  before  the  coming  of  tms  writ  to  me,  v  ast 
ed.and  converted  to  his  own  use,  as  I  am  informed. 

14  Return  of  the  sheriff,  where  goods  are  taken,  and  remain 
1  '  in  his  hands  unsold  for  want  of  buyers. 

Bv  virtue  of  the  within  writ  to  me  directed,  I  have 
taken  the  following  described  goods  and  chattels  of  ne 
said  C.  D.,to  wit;  (here  describe  the  property  levied 
upon)  which  are  of  value  suffieientto  sat  sly  the  said.  A. 
B.  of  his  damages  and  costs  within  mentioned,  "hie 
coods  and  chattels  remain  in  my  .hands  unsold,  (or  w  ant 
of  buyers;  therefore  1  cannot  have  that  money  ready 
within  the  time- specified  in  said  writ,  to  render  to  ..e 
pai:)  A.  B.  for  his  damages  and  costs  atoresavd,  as  w  itn- 

in  I  am  commanded’. 

Note.— To  attempt  to  give  the  form  of  a  return  in  every 
case  where  a  sherifFrnay  he  called  to  act,  would  be  impossi¬ 
ble  as  the  return  must  conform  to  the  circumstances  of  each 
case  and  the  exigency  of  the  writ;  1  have  given  as  many ,  mu 
of  asgreat  a  variety,  as  the  limits  which  I  have  prescribed  to 
irvseff  in  the  present  work,  will  admit,  by  a  proper  attention 
tcrvvhich,  an  officer  will  scarcely  be  at  a  loss  to  make  a  .oun 
that  will  answer  in  any  ordinary  case,  wherein  it  may  become 
his  duty  to  make  one.  Great  care  shomd  always  be  taken  to 
make  the  return  a  true  answer  to  the  commands  of  the  writ. 


FORMS 


OF 

WRITS  AND  PROCEEDINGS 

IN  THE 

'  •  0  ' 

COUNTY  COMMISSIONERS’ 

COURT. 


*■  Form  of  an  ord®r  t0  appoint  an  agent  of  the  county  com- 
rmssioners  court,  to  build  a  bridge,  jail,  &c. 


Ordered,  that  A.  B.,  C.  D.  and  E.  F.,  be  appointed 
agc„£ol  the  county  of  ,  (0  contract  for  building  c 
jai!  of  the  following  description  and  dimensions,  to  « if 
Rerc  insert  the  description.)  And  they  the  said  A.  B.. 

,  u‘  ai:d  F-/'  v  are  hereby  vested  with  full  power  and 
aulitori;)-,  on  behalf  of  said  county  of  1  ,  to  enterin- 
to  a  written  contract  with  such  persons  as  may  offer  to 
build  the  said  jail  at  the  lowest  price,  binding  the  said 
county  of  ,  to  the  payment  of  such  sum  of  money 

as  may,  by  such  contract,  be  agreed  to  be  paid  there- 
lor,  o£c.  •  1 


Form  of  contract  for  building,  See. 

t  ’ 

This  memorandum  of  an  agreement,  between  the 

“T'y  ?/  ,  i  made  By  A.  B.,C.  D.and  E.  F.,  agents 
on  behalf  of  said  county*  of  the  first  part,  and  M.  P.,  of 
tlie  second  part,  witnessed :  That  it  is  agreed  between 
the  said  county  of  ,  and  the  said  M.  P.,  as  follows, 
to  wit:  That  the  said  M.  P.  shall  build, finish  and  com¬ 
plete  a  jail  for  said  county,  on  the  public  square,  Sic.-, 
ar  d  shall  deliver  the  same  in  a  finished  condition  to  (he 
county  commissioners’  court  of  said  countv,  on  or  be- 


BOUNTY  commissioners’  gourt. 


ITS 


fore  the  day  of  ,A.D.'  .  The  said  jml, 

when  completed,  shall  he  of  the  following  description 
and  dimensions,  to  wit:'(here  insert  the  descnption  as 
in  the  order  of  court.)  And  on  the  part  of  the  county 
of  it  is  agreed,  that  when  the  said  jail  shall  be 

completed  undelivered  in  the  manner  above  men¬ 
tioned,  the  said  M.  P.  shall  he  entitled  to  receive  of 
the  said  couSty,  the  sum  of  dohars. 

In  testimony  whereof,  the  said  A.  B.,  C.  D.  and  L.  I  ., 
agents  on  the  part  of  said  county,  and  the  said  M.  I 
have  hereunto  set  their  hands  and  seals,  this  day 
^  tlVe  year  of  our  Lord  one  thousand,  eight 

hundred  and 

Advertisement  of  estrays. 


State  of  Illinois,  >  gct< 
County  of  .  $ 


in 


Taken  up,  by  ,  living  in  the  township  of  , 
said  county,  on  the  day  of  ,A.  D.  ,  one 

bay  horse,  years  old,  '  hands  high,  &c.  appraised 
before  me,  by  A.  B.  and  C.  D  ,  at  the  sum  of 
dollars.  Given  under  my  hand  and  seal,  this  “<  > 
of  ,  A.  D.  .  O*  1  *  Jm  1  *  ^‘-1 

A  true  copy  from  my  stray  hook. 

Attest,  L.  S.  Clk .  C.  C.  C.  JL  c. 

Writ  of  ad  quod  damnum.  (See  revised  code  of  1827.  p. 

297,  sec.  1  and  2.) 

•  -  41  **  '■  •<  « 

‘  A  >  ;f  I 

State  of  Illinois,  )  ac^  . 

county,  $  .  *  . 

The  people  of  the  state  of  Illinois, 

To  the  sheriff  of  said  county,  greeting: 

We  command  you  to  summon  twelve  good  and  law¬ 
ful  men  of  your  county,  to  meet  at  ,  (here  insert 
the  place,  describing  the  land,)  on  the  day  o  , 
A  D.  ,  as  jurors,  to  enquire  and  ascertain  the  dam- 
aces  which  V.  F.  and  others  will  sustain,  by  reason  of  a 
mill  and  mill  dam,  about  to  be  built  on  the  said  land,  by 
K2 


u 


114 


FORMS  OF  THE 


■ 


»  h 


l  i'  * 


one  A.  B. ;  and  also  that  you  make  due  return  of  the 
mquismon  of  the  said  jury,  and  of  this  writ. 

Witness,  E.  S.  Clk *  of  fyc, 

notice  to  the  owner  of  the  opposite  land.  (See  revised  code 

of  1827,  p.  297,  sec  1.) 

i  o  E.  f  .  Bake  notice,  that  I  will,  on^the  day 

°.  ,  ’  »  aPpij  t°  the  county  commis¬ 

sioners  CQUrt  of  county,  for  a  writ  of  ad  quod  dam¬ 
num,  to  enquire  and  ascertain  what  damages  you  and 
otners  may  sustain,  by  reason  of  a  certain  mill  and 
mi H  darn,  which  I  am  about  to  erect  on  the  creek, 
at,  u;c.  (here  describe  the  place.)  A  B 

May  ,  A.  D. 

« 

Oath  of  the  jury.— .(Rev.  c.  1827.— p.  298.) 

Ion,  and  each  of  you,  do  solemnly  swear,  that  you 
wdi  impartially  and  to  the  best  of  your  skill  and  judg- 
view  the  lands  in  the  writ  of  ad  quod  damn  uni  de- 
st noeu,  and  the  lands  above  and  below  the  Proposed 
uam,  and  ascertain  the  damages  which  E-  F.  will  sus¬ 
tain,  by  reason  of  a  mill  dam  about  to  he  ejected  by  A, 
n.,  and  that  you  will  locate  and  set  apart  by  metes  and 
bounds,  so  much  lands  as  you  shall  think  necessary,  not 
ex<  ending  three  acres,  for  the  purpose  of  erecting  such 
dam.  liaving  due  regard,  in  such  location,  to  the  inter¬ 
est  of  both  parties;  and  shall  ^appraise  the  same  at  its 
iruevaiue:  also,  that  you  will  examipe.  the  lands  of  o- 
persons,  which.  ®ay  proba%  1)e  overflowed  by  the 
erection  of  such  da&fcfafcihat  ydu  will  enquire  what 
damage- each  other  person  may  sustain  thereby.  So 

[3  he  reduce  the  oath  to  writing,  and  certify 

and  return  it  to  court.]  •  y 

■  p>.  ’  *  " 

inquisition  of  the  jury.* 

We,  of  the  jury,  being-sworn  and  charged  by  the  she- 
™  01  county,  having  met  upon  the  land  in  the  writ 


s  _ 


115 


COUNTY  COMMISSIONERS  COURT. 


also  examined.  th< 
p  o  ably  be  overt1 
C.  D.  wiil  snstaii 
erectis  gibe  same". 


in  dollars  dan. ages,  by  reason  of 
•;  That  no  dwelling  house,  out  house, 


garden  or  orchard  will  be  overflowed  oy  the  sain  damj 
a  d  that  the  health  of  the  neighborhood  wiil  not  be  in¬ 
juriously  afiecte'd  by  such  overflowing.  These  calcu- 
h.  ions  are  made  upon  the  presumption,  that  said  darn 
shall  not  be  built  more  than  feet  high,  above  the 
bed  of  the  stream. 

[This  inquisition  must  be  signed  by  all  the  jurors.] 

Notice  to  owner.  (Rev.  c.  1827. — p.  298.  sec.  4.) 

To  E.  F.— You  are  hereby  notified  to  appear  before 
the  county  commissioners’  court  for  county,  to  be 
holden  at  the  court  house  in  ,  Gn  the  Monday 
of  next,  to  shew,  cause,  if  any  you  have,  why  leave 
should  not  be  granted  me  to  build  a  mill  and  mill  dam 
on  ,  at  (here  insert  the  place.)  A.  B. 

•  Nov.  ,  183  ..  •  . 


Jtpry  \f 


To  the  sheriff  of  said  counfyyg*eeting: 


We  command  you,  that  you  summon  A  E$C.  jp.,E. 
F.,  Sc c.  to  appear  before  the  circuit ^ourt  for  said  coun¬ 
ty,  to  be  holden  at  the  court  house  fn  the  town  of  , 
on  the  Monday  in  next,  to  serve  at  the  said 
court  as  a  peti  (or  gra  id)  jury,  they  having  been  se¬ 
lected  by  the  county  commissioners’  court  of  said  coun- 


FORMS  OF  THE 


IIS 

lj,  for  that  purpose;  and  also  that  you  make  due  re¬ 
turn  of  this  writ. 

ituess  Ij.  S.,  clerk  of  the  county  com  mis- 
[L.  S.]  sioners’  court  tor  said  county,  at  ,  this 
day  of  ,  &c.  '•  L.  S. 

Marriage  license.  (See  revised  code  of  1827,  p.  289,  sec.  5.) 

State  of  Illinois,  )  .  . 

county, \ 

The  people  .of  the  state  of  Illinois, 

To  any  person  lawfully  authorised  to  sol¬ 
emnize  marriage,  greeting: 

Tou  are  hereby  licensed  and  permitted,  to  celebrate 
ar-d  certify  the  litesot  marriage  between  Mr,  L.  S.  and 
Miss  M.  S.,  the  consent  of  P.  S.,  father  of  said  M.  S., 
having  been  obtained  for  that  purpose.  And  for  so  do¬ 
ing  this  shall  be  your  sufficient  warrant. 

Witness  A.  B.,  Clk.  C.  C.  C.  M.  C.  &c. 

Certificate  of  redemption  of  land  sold  for  taxes.  (Rev.  code 

.  1827.— p.  334.— sec.  26.) 

State  of  Illinois,)  *  §A 

.  t  ss.- 
county, 5 

I,  \\ .  M.,  clerk  of  the  county  commissioners’  court  of 
said  county,  do  hereby  certify,  that  A.  B.  has  this  day 
paid  into  the  county  treasury  of  said  epunty,  the  sum  of 

dollars,  being  double  the  amount  of  the  tax  for 
which  "the  (here  describe  the  land,)  was  sold  by  the  she¬ 
riff  of  said  county, on  the  day  of  ,  183  "  ,  for  the 

purpose  of  Redeeming  the  same. 

In  testimony  whereof,  I  have,  &c. 

.  -*•<  •’  .  i 

Quietus  to  sheriff.  (Rev.  c.  1827,  p.  373,  sec.  9.) 

State  of  Illinois,)  -  ; 

.  '  >  ss. 
county,  i 

J,  A.  B.,  treasurer  of  the  county  of  ,  do  hereby 
certify,  that  C.  D.,  sheriff  elect  of  said  county,  has  duly 
paid  over  into  the  treasury  of  said  county,  all  moneys 


COUNTY  COMMISSIONERS’  GOI5WT. 


117 


with  which  ho  stands  charged,  and  which  he  ought  to 
have  collected  for  said  county. 

!„  testimony  whereof,  1  have,  &c. 

[This  form  may  bo  suitably  varied  for  tlic  auditor.] 


Certificate  of  magistracy. 


State  of  Illinois, 


ss. 


)is,> 

I  t,y  5°Uckrk  of  the  county  commissioners’  court,  for 
said  county,  do  hereby  certify,  that  A.  B.,  whose  name 
appears  to  the  foregoing  certificate,  was,  on  the  day 
the  same  was  made,  an  acting  justice  ot  the  . peace,  in, 
and  for  the  said  county,  regularly  commissioned  and 
qualified,  and  that  as  such,  full  faith  ami  credit  are, and 
of  right,  ought  to  be  giver,  to  all  his  cfhcial  acts. 

In  testimony,  fee. 

Com, tv  commissioners’  certificate,  certifying  that  IV.  S. 

J  wascleni. 

State  of  Illinois) 
county, S 

We  A.  B.  and  C.  D.,  two  of  the  county  commission¬ 
ers  of’ said  county,  and  judges  of  the  county  c<n-mw- 
sioners’  court  of  said  county,  do  hereby  ceiti(y,u,a,  V\  . 
S„  whose  name  appears  to  the  above  certificate,  was  on 
tVe  day  the  same  was  made,  the  clerk  of  he  county 
commissioners’  court  of  said  county,  ret^ilarly  appoint¬ 
ed  and  qualified:  and- that  his  said  certificate  is  in  due 

form  of  law.  „ 

In  testimony  whereof,  V\  e,  tec. 

Bond  to  be  given  by  free  negro.  (Rev.c  1829,  p.  109, sec.  l.i 

Know  all  men,  fee.  that  we,  A.,  and  A.  B..  are,  fee. 
unto  the  people  of  the  state  of  Illinois, ;fpr  the  use  of 
county,  in  the  penal  sum  of  one  thousand  dollar?,  to 

which  payment,  fee.  .  .  ,  , 

T’he  condition  of  the  above  obligation  is  such,  that 

whereas,  the  above  named  A.  is  a  free  person  of  colour, 


■ 


IIS 


E©ftMS  ©F  XI4E 


and  is  desirous  of  settling  in  said  county:  now,  if  the 
sam  A,  shall  not  at  any  time  become  a  charge  to  said 
county,  or  any  other  county  of  this  state,  as  a  poor  per¬ 
son,  and  if  he  shall  at  all  times  demean  himself  in  strict 
conformity  to  the  laws  of  this  state  that  now  are,  or 
hereafter  may  be,  enacted;  then  this  obligation  is  to  be 
void;  otherwise  to  remain  in  full  force  and  virtue. 

Weights  and  measures. 

Notice  is  hereby  given,  that  the  county  commission¬ 
ers  court  of  county,  have  furnished  and  provided 
for  said  county,  one  measure  of  one  foot;  one  measure 
oi  ttiree  feet;  one  gallon,  liquid  measure;  one  measure 

?  T'J  ?Ua,rtj  °.ne  anc*  *ia^  measures;  also  one 
"f"  bushelj  dry  measure;  and  one  gallon,  dry  measure  • 
also  one  pound  weight;  one  half,  one  fourth,one  eighth 
a  ‘d  one  sixteenth  of  a  pound  weight  averdupoise;  arid 
that  all  persons  having  or  using  such  weights  and  meas¬ 
ures,  can  have  the  same  examined  and  sealed,  upon 
application  to  the  clerk  of  said  court. 

By  order  of  the  court,  Nov.  ,  A.  D. 

w.  s..  cik.  a  a  a  k  a 


A 


~Tj . . , 


FORMS 


OF 

WRITS  AND  PROCEEDINGS 

IN  THE 

COURT  OF  PROBATE. 


Form  of  a  will. 

• 

IN  THE  NAME  OF  GOD,  AMEN. 

I,  A.  B.,  of  the  county  of  ,  being  weak  in  body, 
but  of  sound  mind  and  memory,  do  make,  ordain  and 
establish  this  to  be  my  last  will  and  testament,  hereby 
revoking  all  others;  and  I  do  hereby  appoint  C.  D.,  to 
be  the  executor  of  this  my  last  will  and  testament. 

1.  It  is  my  will  that  all  my  just  debts  be^paid;  that 
sufficient  of  my  personal  property  be  sold  for  that  pur¬ 
pose.  If  mv  personal  properly  should  be  msumcien  ,ir. 
is  then  my  will,  that  my  executor  shall  sell  a  certain  tract 
of  acres  of  land,  situate  in  county,  and  know  a. 

as  the  (here  describe  it.)  #  ,  ~ 

2.  After  the  payment  of  all  my  just  deota,  and  fu¬ 
neral  expenses,  I  do  hereby  devise  and  bequeato  to  - 
mv  beloved  wife,  the  farm  and  improvements  thereon, 
on  which  I  now  live,  known  as  (here  describe  ib)  dur¬ 
ing  her  natural  life;  to  take  the  issues  and  profits  there¬ 
of,  After  her  death,  I  bequeath  and  divide  all  my 
right,  title  and  estate,  of  it,  and  to  said  farm,  to  my  son 

F.,  to  have  and  to  hold  the  same  to  him  and  Ins  neirs 
and  assigns  forever.  I  also  bequeath  and  devise  a  cer¬ 
tain  other  tract  of  la-  d,  situate  in  county,  known 
as  (here  de  rribe  it.)  to  mv  sons  G.  PL,  L  T*  and  my 
daughters  K.  L  and  \L  N.,in  equal  parts;  to  have  and 
to  hold  the  same  uuto  them  and  their  heirs  and  assigns 

forever. 


forms  of  the 


To  my  son  G.  H.,  I  give  five  hundred  dollars. 

I  o  my  son  I.J.,  I  give  five  hundred  dollars, 
iomy  daughters,  I  give  five  hundred  dollars  each, 
i  o  my  iyj.e,  I  give  all  ,ny  househoM  and  kitchen  fur- 
suture,  and  five  hundred  dollars  worth  of  other  proper- 
tj,  to  be  selected  by  her.  * 

Fa  my  son  E.  F .,  I  give  five  hundred  dollars. 

It  is  my  will  that  the  above  mentioned  sums  of  mo- 
ney  oe  paid  to  my  sons  respectively,  whenever  they  ar¬ 
rive  a  „  the  age  of  twenty-one  years;  and  to  my  daugh- 
ters,  so  soon  as  they  may  arrive  at  the  age  of  eighteen 
years.  If  either,  or  any  of  my  sons  or  daughters  shall 
die  oe.ore  they  arrive  at  those  ages,  it  is  then  my  will 
that  toe  portion  of  personal  property  alloted  to  each 
so  a  or  daughter,  shall  be  added  to  the  residue  of  my  es- 
lam  and  with  that  be  distributed  among  mv  heirs  ac¬ 
cording  to  the  law  of  descents. 

If  my  son  E.  F.,  ^iiall  die  without  children,  before 
my  beloved  wife,  I  do,  in  that  case,  bequeath  and  de- 
Vise  tae  tract  of  land  situated  in  county,  and  known* 
as  (hare  describe  it  as  before,)  to  mv  other  sons  a  id 
daughters  in  equal  parts,  to  he  divided  among  them, 
and  r.o  their  heirs  and  "assigns  forever. 

In  testimony  whereof,  f  have  hereunto  set  my  hand 
and  a. fixed  my  seal,  this  day  of  ,  in  the  year  of 
our  Loro  one  thousand,  eight  hundred  and 

i  ,  ,  A.  B.  [L.  S.d 

digued  and  acknowledged  before  us. 

O.  P. 


Q.  R. 

B.  T. 


%  . 


Proof. 


ate  of  Illinois, >  ^  At  a  court  of  probate  for  said 
county.  J  *  county,  held  at  the  court  house 
10  9  on  the  day  of  ,  A.  I). 

This  da  y  personally  appeared  before  me,  J.  S.,  judge 
°;  Pr°hate,  in,  and  for  said  county,  in  ooen  court,  the 
a^o/e  named  O.  P.  and  Q.  R.,  two  credible  witnesses, 
who  being  by  me  duly  sworn,  on  their  oaths,  depose 


tfOWRT  OF  PROBATE. 


121 


and  say,  that  they  were  present,  and  saw  the  above 
named  A.  B.  sign  the  above  last  will  and  testament  iti 
their  presence;  that  they  believed  and  still  believe, 
that  the  said  A.  B.  was  of  sound  mind  and  memory,  at 
the  time  of  signing  the  same;  and  that  they  attested 
the  signing  of  said  last  will  and  testament,  in  the  pres¬ 
ence  and  by  the  request  of  the  said  A.  B.,  and  in  pres¬ 
ence  of  each  other. 

In  testimony  whereof,  I  have  hereunto  set 

[L.  S.]  my  hand,  and  affixed  the  seal  of  said  court, 
this  day  of  ,  A.  D. 

J.  S.,  Judge  of  probate . 

Note. — If  the  will  was  not  signed  by  the  deceased  himself, 
but  by  some  person  for  him  at  his  request,  and  acknowledged 
by  him,  then  the  proof  will  be  as  follows  : 

State  of  Illinois,)  ,  At  a  court  of  probate  for  said 
countv.  \  S  *  county,  held  at  the  court  house 

•  on  the  day  of  ,  A.  D. 

This  day  personally  appeared  before  me,  J.  S.,  judge 
of  probate,  in,  and  for  said  county,  in  open  court,  tue. 
above  named  O.  P.  and  Q.  R.,  two  credible  witnesses, 
who  being  by  me  duly  sworn,  upon  their  oaths  do  say, 
that  they  were  present  at  the  signing  of  the  above  will, 
and  that  the  said  A.  B.  directed  Mr.  to  sign  the 
same  for  him;  and  the  same  being  signed  in  his  pres¬ 
ence,  was  acknowledged  by  the  said  A.  B.  to  be  his 
own  act  and  deed;  and  that  they  then  believed,  and 
still  believe,  that  the  said  testator,  at  the  time  of  ac¬ 
knowledging  the  same,  was  of  sound  mind  and  mem¬ 
ory,  and  that  they  attested  the  acknowledging  of  the 
said  last  will  and  testament,  in  the  presence,  and  by 
the  request  of  the  said  A.  B.,  and  in  the  presence  of 
each  other. 

In  testimony,  &c.  (See  2d  revised  code,  p.  192,  sec. 

2.) 

Note. — Codicils  are  supplements  made  subsequently  to  the 
will,  and  require  the  same  form  of  proof. 


132 


EORMS  OF  THE 


Subpoena  for  witness.  (2d  rev.  code,  page  192,  sec.  3.) 


sd  ss 
yd  ' 


Slate  of  Illinois 
county 

The  people  of  the  state  of  Illinois, 

To  the  sheriff  of  county,  greeting; 

You  are  hereby  commanded  to  summon  O.  P.,  in 
your  county,  to  appear  before  the  court  of  probate,  to 
be  held  in,  and  for  said  county  of  ,  on  the  day 
of  ,  then  and  there  to  testify  the  truth  of,  and  con¬ 
cerning  the  execution  and  validity  of  the  last  will  and 
testament  of  A.  B.,  deceased,  to  which  his  name  ap¬ 
pears  as  a  subscribing  witness.  And  have  you  then 
and  there  this  writ. 

rT  qi  Witness  J.  S.,  judge  of  probate,  at  ,  this 
j  day  of  ,  1 8  . 


Dedimus.  (2d  rev.  code,  page  192,  sec.  4.) 

To  J.  L.,  a  justice  of  the  peace,  in,  and 

for  county,  state  of  ,  greeting: 

Whereas,  the  annexed  last  will  and  testament  has 
been  produced  to  the  court  of  probate  of  said  county  of 
,  for  probate  thereof:  and  it  is  suggested  that  O. 
P.,  one  of  the  subscribing  witnesses  to  the  same,  is  to  be 
found  in  county,  and  state  of  :  You  are,  there¬ 
fore,  hereby  authorised  to  take  and  certify  the  attesta¬ 
tion  of  the  said  O.  P.,  if  to  be  found  in  your  county,  to 
the  said  last  will  and  testament,  in  due  form  of  law ;  and 
to  make  return  thereof  to  this  court. 

In  testimony  whereof,  I,  J.  S.,  judge  of  probate  for 
said  county  of  ,  have,  &c. 

Note. — The  proof  required  by  the  foregoing  dedimus  must 
be  in  one  of  the  following  forms;  both  of  which  should  accorur 
pany  the  dedimus,  as  an  instruction  to  the  commissioner. 

No.  I 

State  of  ,) 
county,} 

In  pursuance  of  the  authority  in  me  vested,  by  the 
annexed  dedimus,  I,  this  day,  caused  personally  to  come 


. 


COURT  OF  PROBATE. 


123 


Wore  me,  a  justice  of  the  peace  of  said  county,  at  , 
in  said  Ton n tv ,  the  said  O.P.,  who  being  duly  sworn, 
on  his  oath  did  say,  that  the  said  A.  B.  signed  and  pu  - 
lished  the  writing  annexed  to  SW  ded.mus,  as  h,s  hut 
will  and  testament;  that  the  said  testator,  at  the  time 
of  signing  and  publishing  the  same,  was  ot  sound  mind 
and  memory,  and  that  the  said  O.  P.  subsen  bed  h.s 
name  as  a  witness  thereto,  in  the  presence  ot  the  said 

"1  under  my  WuUnd  seal,  this  day  of  , 

18  ’  '  No.  2. 

State  of  sg> 

In  pursuance  of  the  authority  in  me  vested,  by  the 
annexed  dedimus,  I,  this  day,  caused  personally  to  come 
before  me,  a  justice  of  the  peace  of  said  count),  the.  c 
O.  P.,  who  after  being  duly  sworn  on  his  oath,  did  say, 
that  he  was  present  at  the  time  when  the  writing  an- 
nexed  to  said  dedimus,  was  signed  and  P»bllsJ®d>  as 
the  last  will  and  testament  ot  tne  said  A.  !>.,  that  .  _  • 
signed  th«*name  of  tbo  said  A.  B.  thereto,  by  too 
direction  of  the  said  A.  B.fand  in  the  presence  of  the 
said  O.  P.;  that  the  said  A.  B.,  at  the  time  the  same 
was  signed  and  published,  was  of  sound  mind  and  me¬ 
mory!  and  that  the  said  O.  P.  subscribed  his  name  as  a 
witness  thereto,  in  the  presence  of  the  said  tesla.oi ,  and 

at  bis  request. 

Witness,  &c. 

Notice  to  heirs  ami  legal  representatives ^of  testator  or '  testat¬ 
rix,  of  the  issuing  of  letters  testamentary,  on  a  nu  p 

ive  will,  by  judge  of  probate.  (Revised  laws  1829,  page  I.j, 
sec.  9.) 

State  of  Illinois,)  Probate  court,  day  ot 

County  of  ,<j  .  ’I8  ‘A  r  r  n 

Tbe  people  of  the  state  of  Illinois,  to  A.  L>.,  G.  j  ■> 
E.  F.,  and  G.  H.,  heirs  and  legal  representatives  of  J. 
K.,  deceased:  Take  notice,  that  a  nuncupative  will  ol 
the  said  J.  K.,  has  been  duly  proven  and  recorded  in  ms 


124 


forms  of  TH£ 


o  ce,  and  that  letters  testamentary  will  be  granted 

lereon,  (o  L.  M.,  on  the  day  of  next,  unless 

sufficient  cause  be  shewn  to  the  contrary.  You,  and 

euca  o!  you  are,  therefore,  hereby  cited  and  notified  to 

appear  before  said  court,  to  be  bolden  on  the  day  and 

year  aforesaid,  at  my  office  at  ,  to  shew  cause,  if  any 

1  u.  j3n’  w  V  such  letters  should  not  be  granted  to  the 
Siilu  Li.  lVl. 

Witness  J.  S.,  judge  of  probate,  Sic, 

Note  —K the  heirs  and  legal  representatives  live  out  of  the 

p“pe?.o  Z  Ittl  ^  D°tiCe  “USt  b£  PUbii8hed  in  Some  “W 

Attachment  to  compel  production  of  will.  (Rev.  law  1829  n 

197,  sec.  18.) 

w  .  To  the  sheriff  of  said  county,  greeting: 

eieas,it  is  represented  to  the  court  of  probate,  in, 
and  for  said  county,  that  A.  B.,  deceased,  caused  his 
hist  will  and  testament  to  be  placed  in  the  possession  of 
C.  U.  lor  sale  keeping;  (orthat  the  same  has  fallen  in- 
to  Ins  possession,  as  the  case  may  be,)  and  that  the  said 
u.  iaiib  and  reuses  to  deliver  up  the  said  last  will  to 
the  court  oi  probate  of  said  county:  We,  therefore 
command  you  to  attach  the  body  of  the  said  C.  D.,and 
bung  him  before  the  judge  of  probate,  at  his  office  at 

,  on  the  day  of  next,  to  shew  cause,  if  any 
he  can,  why  he  should  not  he  fined  and  imprisoned  for 
so  failing  and  refusing  to  deliver  up  said  last  will  and 

testament  of  the  said  A.  B.  And  hereof  make  return 
as  the  law  directs. 

Witness  J.  S.,  judge  of  probate,  Sic. 


Oath  of  executor  or  administrator.  (Rev.  law,  1829  p  599 

sec.  26.)  ’  ,y' 

I  do  solemnly  swear,  (or  affirm,)  that  this  writing  con- 
tams  the  true  last  will  and  testament  of  the  within  nam¬ 
ed  A.  R.,  deceased,  so  far  as  J  know  or  believe •  and 
that  1  will  well  and  truly  execute  the  same,  by  paying 


I 


COURT  OF  l’ROBATE* 


12j 


first  the  debts,  and  then  the  legacies  mentioned  there¬ 
in  as  far  as  his  goods  and  chattels  will  thereunto  ex¬ 
tend,  and  the  law  charge  me;  and  that  1  will  make  a 
true  and  perfect  inventory  of  all  such  goods  and  that- 
tels,  rights  and  credits,  as  may  come  to  my  hands  Oi 
knowledge,  belonging  to  the  estate  of  said  deceased, 
and  render  a  fair  and  just  account  of  my  executorship, 
when  thereunto  required  by  law,  to  the  best  ol  my 
knowledge  and  abilities.  So  help  me  God. 

Bonil  of  executor.  (Rev.  law,  pp.  199-200,  sec.  2..) 

Know  all  men,  &c.  unto  the  people  of  the  state  of 
Illinois,  (penalty  a  sum  double  the  value  of  the  esta  e. 

The  condition  of  the  above  obligation  is  such,  that 
if  the  the  above  bound  A.  B.,  executor  of  the  last  wi  t 

and  testament  of  G.  H.,  deceased,  (or  administrator  with 

the  will  annexed,  of  G.  II.,  deceased,  as  the  case  may 
be,)  do  make,  or  cause  to  be  made,  a  true  and  perfect 
inventory  of  all  and  singular  the  goods  and  chattels, 
rights  and  credits,  lands,  tenements  and  hereditament  , 
and  the  rents  and  profits  issuing  out  of  the  same,  of  tut 
said  deceased,  which  have,  or  shall  come  to  the  hands, 
possession  or  knowledge  of  the  saul  A.  B.,  or  into  t  >e 
possession  of  any  other  person  for  him,  and  the  same  so 
made,  do  exhibit  in  the  court  of  probate  for  the  said 
county  of  ,  as  required  by  law ;  and  also  make,  ana 
render  a  fair  and  just  account  of  bis  actings  and  doings, 
as  such  executor,  (or  administrator,)  to  said  court,  w men 
thereunto  lawfully  required,  and  to  well  and  truly  fulfil 
the  duties  enjoined  upon  him  in,  and  by  the  said  will; 
and  shall  moreover  pay,  and  deliverto  the  persons  enti¬ 
tled  thereto,  all  the  legacies  and  bequests  contained  in 
said  will,  so  fap  as  the  estate  of  the  said  testator  will 
thereunto  extend,  according  to  the  value  thereof,  and 
as  the  law  shall  charge  him;  and  shall,  m  general,  do 
all  other  acts  which  may  from  time  to  time  be  requires 
of  him  by  law;  thcn,&c. 

'  L  2 


126 


VORM 8  OF  TIIE 


Letters  of  administration  to  collect.  (Rev.  law  1829,  pp. 

201-;!,  sec.  31.) 

The  people  of  the  state  of  Illinois, 

t  o  all  to  whom  these  presents  shall 
come,  greeting: 

know  ye,  that  whereas  A.  B.,  late  of  the  county  of 
,  .  ,  a,"d  fate  ef  fll|nois,  deceased,  as  it  is  said,  had,  at 
. (,,r  ,]e0.  decease,  personal  property  within  this  state, 
„  fdJmiIUlratlon  wl!ereof  «mnot  be  immediately 

El'io',edrl°  thf  perS°nS  hy  law  entitled  thereto,  but 
whicn,  if  speedy  care  be  not  taken,  may  be  lest,  de- 

stroyed  or  diminished;  to  the  end  therefore,  that  the 
same  may  be  preserved  for  those  who  shall  appear  to 
have  a  legal  right  or  interest  therein,  we  do  hereby  re- 
quest,  and  authorize  C.  D,  (and  E.  F.,  if  two  shall  be 
ap pon.ted,)  of  the  county  of  and  state  aforesaid,  to 
o  ect  arid  secure  the  said  property,  wheresoever  the 
same  may  be  in  this  state,  whether  it  be  goods,  chat¬ 
tels,  debts  or  credits,  and  to  make,  or  cause  to  be  made, 
a  true  and  perfect  inventory  thereof,  and  to  exhibit  the 
same,  with  all  convenient  speed,  to  the  court  of  probate 

,coullt?  of.  >  together  with  a  reasonable 
account  of  his  collection,  acts  and  doings  in  the  premi- 

Z  ttrCSf  •  YUrT  G-  H-’judSe  probate,  in  Z 

for  the  said  county  of  ,  at  his  office  in  ,  this 
dav  of  ,  A.  D.  18  . 

G.  H.,  judge  of  probate. 

Bond  of  administrator  to  collect.  (Rev.  law  1829,  pp.  202 
X  sec.  ^2.)  * 

k?}°w  all  metv&c.  unto  the  people  of  the  state  of 
oi  hlmoiS,  in  tue  penal  sum  of 

i  he  condition  of  the  above  obligation  is  such,  that  if 
tae  above  beunden  C.  E>.  shall  well  and  honestly  dis- 
cnarge  the  duties  appertaining  to  his  appointment  as 
administrator  to  coilect  of  the  estate  of  A.  B.,  late  of 
t  ie  county  of  ,  deceased;  and  shall  make,  or  cause 
to  >e  made,  a  true  and  perfect  inventory  of  such  of  the 
goods,  chattels,  debts  and  credits  of  the  said  deceased, 
as  Snail  come  to  nis  or  her  possession  or  knowledge  5 


gourt  of  probate. 


12? 


and  the  same  in  due  time  return  to  the  office  ot  the 
judge  of  probate  of  the  proper  county;  and  shall  also 
deliver  to  the  person  or  persons  authorised  by  the  said 
court  of  probate  as  executors  or  administrators  to  re- 
ccive  the  same,  all  such  goods,  chattels,  and  personal 
estate,  as  shall  come  to  his  or  her  possession  as  afore¬ 
said,  and  shall,  in  the  general,  perform  such  other  duties 
as  shall  be  required  of  him  (or  her)  by  law;  then,  &ic. 

Oath  of  such  administrator.  (Rev.  law  1829,  p.  203,  sec,  3o.) 

I  do  solemnly  swear,  (or  affirm)  that  I  will  well  and 
honestly  discharge  the  trust  reposed  in  me  as  collector, 
or  administrator  to  collect,  of  the  estate  ol  A.  B.,  de¬ 
ceased,  according  to  the  tenor  and  effect  of  the  letters 
granted  to  me  by  the  judge  of  probate  of  the  said  coun¬ 
ty  of  ,  to  the  best  of  my  knowledge  and  ability. 
So  help  me  God. 

Widow’s  renunciation.  (Rev.  laws  18.29,  pp.  204-5,  sec.  40.) 

T,  A.  B.,  widow  of  C.  D.,  late  of  the  county  of  , 
and  state  of  ,  do  hereby  renounce,  and  quit  all  claim 
to  any  bequest  or  devise  made  to  me  by  the  last  will  and 
testament  of  my  said  deceased  husband,  which  has  been 
exhibited  and  proved  according  to  law;  and  1  do  elect 
to  take  in  lieu  thereof,  my  dower,  or  legal  share  of  the 
estate  of  my  said  husband. 

Oath  of  public  administrator.  (Rev.  law  1829^  p.  209,  sec.  54.) 

4  -r 

I,  A.  B.,  public  administrator,  in,  and  for  the  county 
of  and  state  of  Illinois,  do  solemnly  swear  (or  af¬ 
firm,)  that  I  will  well  and  truly  perform  all  such  duties 
as  may  be  required  of  me  by  law,  as  such  administrat¬ 
or,  to  the  best  of  my  knowledge  and  abilities.  So  help 
me  God. 

Bond  of  public  administrator.  (Rev.  law  1829, p.  209,  sec.  55.) 

Know  all  men,  &c.  unto  the  people  of  the  state  oi 
Illinois,  in  the  penal  sum  of  five  thousand  dollars. 


128 


FORMS  OF  THE 


i  ^ie  condition  oi  the  above  obligation  is  such,  that 
wnereas,  the  said  A.  B.  lias  been  appointed  public  ad¬ 
ministrator  in  and  for  the  said  county  of  ;  Now,  if 
he  trie  said  A.  L.,  as  such  public  administrator,  shall 
well  and  truly  administer  all  such  goods,  chattels, 
rights,  credits  and  assets  as  shall  come  to  his  hands  or 
possession,  or  to  tne  possession  of  any  other  persons  for 
him,  and  which  may  belong  to  the  estate  or  estates  of 
any  person  or  persons  upon  which  administration  may  at 
any  time  be  granted  to  him  by  the  court  of  probate  of 
the  said  county  of  ,  and  do  make,  or  cause  to  be 
made,  a  true  and  perfect  inventory  of  the  goods,  chat¬ 
tels,  rights,  credits  and  assets  ol  all  such  deceased  per¬ 
sons,  the  administration  of  whose  estates  shall  be  com¬ 
mitted  to  aim  as  aforesaid;  and  the  same  so  made, doth 
exhibit  in  the  said  court  of  probate,  when  he  shall  there¬ 
unto  be  required  bv  law ;  and  do  make  and  render  a  just 
and  true  account  of  all  his  actings  and  doings  as  such, 
in  each  separate  estate,  to  the  court  of  probate  of  the 
proper  county,  when  required  so  to  do;  and  shall  in  ge¬ 
neral  do  and  perform  all  such  other  duties  as  mav,  from 
time  to  time,  be  required  of  him  by  law;  then,  &c. 

Form  of  letters  testamentary.  (Rev.  law  1829,  p.  212,  sec.  61.) 

T  o  all  to  whom  these  presents  may  come,  greeting : 

Know  ye,  that  whereas  A.  B.,  late  of  the  county  of 

,  and  state  of  ,  died,  on  or  about  the  day 
ot  ,  A.  D.  18  ,  as  it  is  said,  after  having  duly 

made  and  published  his  last  will  and  testament,  a  copy 
whereof  is  hereunto  annexed,  leaving  at  the  time  of  his 
death,  property  in  this  state,  which  may  be  lost,  de¬ 
stroyed,  or  diminished  in  value,  if  speedy  care  be  not 
taken  of  the  same;  and  inasmuch  as  it  appears  that  C. 
D.  has  been  appointed  executor  in  and  by  the  said  last 
will  and  testament,  to  execute  the  same;  and  to  the  end 
that  the  said  property  may  be  preserved  for  those  who 
shall  appear  to  have  a  legal  right  or  interest  therein, 
and  that  the  said  will  may  he  executed  according  to  the 
request  of  the  said  testator;  we  do  hereby  authorize 


129 


COVRT  OF  TROBATE. 


him  the  said  C.  D.,  as  such  executor,  to  collect  and  se¬ 
cure  all  and  singular  the  goods  and  chattels,  rights  and 
credits  which  were  of  the  said  A.  13.  at  the  time  of  his 
decease,  in  whosover  hands  or  possession  the  same  may 
be  found  in  this  state;  and  well  and  truly  to  perform 
and  fulfil  all  such  duties  as  may  be  enjoined  upon  him 
by  the  said  will,  so  far  as  there  shall  be  property,  and 
the  law  charge  him;  and  in  general,  to  do  and  perform 
all  other  acts  which  now  are,  or  hereafter  may  be  re¬ 
quired  of  him  by  law. 

Form  of  letters  of  administration.  (Rev.  law  1829,  pp.  212-13, 

sec.  62.) 


To  all  to  whom  these  presents  shall  come,  greeting: 

Know  ye.  that  whereas  A.  B.,  of  the  county  of  ^  , 

and  state  of  ,  died  intestate,  as  it  is  said,  on  or  about 
the  day  of  ,  A.  D.  13  ,  having  at  the  time  of 

his  decease,  personal  property  in  this  state,  which  may 
he  lost,  destroyed,  or  diminished  in  value,  if  speedy  care 
be  not  taken  of  the  same ;  to  the  end  therefore,  that  said 
property  may  be  collected  and  preserved  lor  those  who 
shall  appear  to  have  a  legal  right  OF  interest  therein, 
we  do  hereby  appoint  C.  D.,  of  the  county  of  ,  and 
state  of  Illinois,  administrator  of  all  and  singular  the 
goods  and  chattels,  rights  and  credits,  which  were  of  the 
said  A.  B.  at  the  time  of  bis  decease;  with  full  power 
and  authority  to  secure  and  collect  the  said  property 
and  debts,  wheresoever  the  same  may  be  found  in  this 
slate;  and  in  general,  to  do  and  perform  all  other  acts 
which  now  are,  or  hereafter  may  be  required  of  him  by 
law. 


Oath  of  administrator.  (Rev.  law  1829,  p.  213,  sec.  63.) 

I  do  solemnly  swear,  (or  affirm,)  that  I  will  well  and 
truly  administer  all  and  singular  the  goods  and  chat¬ 
tels  rights,  credits  and  effects,  of  A.  B.,  deceased,  and 
pay  all  just  claims  and  charges  against  his  estate,  so  far 
as  his  goods,  chattels,  and  effects  shall  extend,  and  the. 


FORMS  OF  THE 


i  30 

law  charge  me;  and  that  I  will  do  and  perform  all  other 
acts  required  of  me  by  law,  to  the  best  of  my  knowledge 
and  abilities. 

Bond  of  administrator.  (Rev.  law  1829.  pp.  213-14,  sec.  64.) 

Know  all  men,  &c.  unto  the  people  of  the  state  of 
Illinois,  (penalty,  sum  double  the  value  of  the  estate.) 

The  condition  of  the  above  obligation  is  such,  that  if 
the  said  A.  B.,  administrator  of  all  and  singular  the 
goods  and  chattels,  rights  and  credits  of  J.  K.,  deceased, 
do  make,  or  cause  to  be  made,  a  true  and  perfect  inven¬ 
tory  of  all  and  singular  the  goods  and  chattels,  rights 
and  credits  of  the  said  deceased,  which  shall  come  to 
the  hands,  possession,  or  knowledge  of  him,  the  said  A. 
B.  as  such  administrator;  or  to  the  hands  of  any  person 
or  persons  for  him;  and  the  same  so  made,  do  exhibit, 
or  cause  to  be  exhibited,  in  the  court  of  probate  lor  the 
said  county  ot  ,  agreeably  to  law;  and  such  goods 
and  chattels,  rights  and  credits,  do  well  and  truly  ad¬ 
minister  according  to  law;  and  all  the  rest. of  the  said 
goods  and  chattels,  rights  and  credits,  which  shall  be 
found  remaining  upon  the  account  of  the  said  adminis¬ 
trator,  the  same  being  first  examined  and  allowed  by 
the  court  of  probate,  shall  deliver  and  pay  unto  such 
person  or  persons,  respectively,  as  may  be  legally  enti¬ 
tled  thereto;  and  further,  do  make  a  just  and  true  ac¬ 
count  of  all  his  actings  and  doings  therein,  when  there¬ 
unto  required  by  the  said  court;  and  if  it  shall  hereaf- 
terappear,  that  any  last  Will  and  testament  was  made 
by  the  deceased,  and  the  same'be  proved  in  court,  and 
letters  testamentary  or  of  administration  be  obtained 
thereon,  and  the  said  A.  B.  do,  in  such  case,  on  being 
required  thereto,  render  and  deliver  up  the  letters  of 
administration  granted  to  him  as  aforesaid ;  and  shall, 
in  the  general,  do  arid  perform  all  other  acts  which 
may  at  anv  time  he  required  of  bins  by  law;  then,  Sic, 


tdUR'f  OF  PROBATE. 


131 


yew  bond  of  executor  or  administrator.  (Rev.  c.  1829,  p. 
v  218,  B6G.  70.) 

The  condition  of  the  above  obligation  is  such,  that 

whereas,  the  above  bound  A.  B.,  executor 
will  and  testament  of  J.  K.,  deceased,  (or  adminis  ra- 
tor  of  the  goods  and  chattels,  rights  and  credits,  ol  d. 
K  deceased,)  has  heretofore  executed  a  bond,  payr 
tie  to  the  people  of  the  state  of  Illinois,  and  condition¬ 
ed  for  the  discharge  of  his  duties  as  executor  (or  ad¬ 
ministrator.)  as  aforesaid;  which  said  bond  bears  date 
on  the  day  of  ,  A.  D.  :  an  w  lereas,  >y  ^ 

order  of  the  court  of  probate,  made  on  the  > 

a  n  other  bond  and  security  has  been  re- 

quired  of  the  said  executor  (or  administrator:)  Now, 
therefore,  if  the  said  executor, (or  administrator,)..  . 
well  and  truly  have  kept  and  performed,  and ^  shall  weU 
and  trulv  keep  and  pertorm,  the  condition  of  the  ho  .d 
first  given  as  aforesaid,  in  all  respects,  according  to 
law.  and  shall  in  all  respects  have  performed,  and  shall 
continue  to  perform  the  duties  of  his  office  aforesaid.; 

then,  & c. 

Appointment  of  appraisers.  (Rev.  c.  1829,  p.  219,  sec.  78.) 

T©  A.  B.,  C.  D.  and  E.  F.,  of  the  coun¬ 
ty  of  and  state  of  Illinois,  greeting: 
This  is  to  authorise  you,  jointly,  to  appraise  the 
goods,  chattels  and  personal  estate  of  J.  K.,  late  oi 
the  county  of  and  State  of  ,  deceased  so  far  as 
the  same  shall  come  to  your  sight  and  knowledge,  each 
of  you  having  first  taken  the  oath  (or  affirmation,)  here¬ 
to  annexed*,  a  certificate  whereof  you  are  to  return, 
annexed  to  an  appraisement  bill  of  said  goods,  chat¬ 
tels  and  personal  estate,  by  you  appraised,  in  dollars 
and  cents,  and  in  the  said  bill  of  appraisement  you  are 
to  set  down  in  a  column  or  columns,  opposite  to  eacn 
article  appraised,  the  value  thereof. 


13.2 


FORMS  OF  rjfK£ 


Oath  of  appraisers.  (Rev.  e.  1829,  p.  220,  sec.  79  ) 

\  ou,  and  each  of  you,  do  solemnly  swear,  (or  affirm,) 
that  you  will  well  andjtruly,  without  partiality  orpreju- 
dice  value  and  appraise  the  goods,  chattels  and  personal 
estate  oi  J.  K.,  deceased,  so  far  as  the  same  shall  come 
io  your  sight  and  knowledge;  and  that  you  will,  in  all 
respects,  perform  your  duty  as  appraisers  to  the  best  of 
your  skill  and  judgment,  # 


Advertisement  or  notice  to  be  given  by  executors  or  admin- 

are  qualified  as  suoli-  (Kev- c- of 


PuMic  notice  is  hereby  given,  that  the  undersign- 
ed  has  taken  out  letters  testamentary  of  the  last 
will  and  testament,  (or  of  administration  of  the  goods 
a  id  chattels,  rights  and  credits,  a3  the  case  may  be,)  of 
A,  B.,  deceased,  and  qualified  as  such  executor,  (or?ad- 
ministrator.)  All  persons  having  claims  against  the 
estate  of  the  deceased,  are  hereby  notified  and  requir¬ 
ed,  to  exhibit  the  same  to  me,  or  to  the  court  of  probate 
mr  the  county  of  ,  for  settlement  within  nine  months 
irom  date  hereof.  Dated  at  ,  this  day  of 

C.  D.  Executor ,  fyc. 


INote.— If  the  appraised  value  of  the  estate  does  not  ex¬ 
ceed  one  hundred  and  fifty  dollars,  the  above  notice  may  be 
given  by  putting  it  up  in  four  of  the  most  public  places  in  the 

county:— -if  it  exceeds  that  amount,  it  must  be  published  in 
some  newspaper  four  weeks. 


Indentures  of  apprenticeship  of  a  minor,  with  the  consent  of 

father,  mother  or  guardian  (Laws  (827,  p.  54,  sec.  1.) 

This  indenture,  made  and  entered  into  this  day 
ol  ,  A,  i_).  ,  between  A.  B.,  a  minor,  of  his  own 

ireo  will  and  accord,  and  by,  and  with  the  consent  and 
approbation  of  E.  F.,  his  father,  of  the  county  of 
and  state  ol  Illinois,  (mother  or  guardian,  as  the  case; 
may  be.)  of  the  one  part,  and  G.  H.,  of  the  same  coun¬ 
ty  and  state,  of  the  other  part,  Witnesseth:  that  the  said 


.*  „  -OOURT  OF  PRORATE.  133 

i  m 

A.  B.  docs,  by  these  presents,  of  his  own  free  w  ill  and 
accord,  and  by  and  with  the  consent  of  E.  F.,  his  father, 
(or  mother  or  guardian,)  bind  himself  to  the  said  G.  H., 
as  an  apprentice,  to  learn  the  art,  (trade  or  mystery  of 
merchant,  hatter,  tanner,  or  carpenter,  or  as  the  case 
may  be,)  to  dwell  with,  and  serve  the  said  G.  H.,  from  the 
day  of  the  date  hereof,  until  the  day  of  ,  in  the 
year  18  ,  at  which  time  the  said  A.  B.  will  be  twenty- 

one  years  of  age.  During  all  of  which  time,  or  term, 
the  said  apprentice  his  said  master  well  and  faithfully 
shall  serve;  his  secrets  keep,  and  his  lawful  commands 
every  where,  at  all  times,  readily  obey  ;  he  shall  do  no 
damage  to  his  said  master,  nor,  knowingly,  suffer  any 
to  he  done  by  others;  he  shall  not  waste  the  goods  of  his 
said  master,  nor  lend  them  unlawfully  to  any;  at  cards, 
dice,  or  any  other  unlawful  game,  he  shall  not  play; 
matrimony  he  shall  not  contract  during  the  said  term; 
taverns,  ale  houses,  and  places  of  gaming  he  shall  not. 
frequent,  or  resort;  from  the  service  of  his  said  master 
he  shall  not  absent  himself;  but  in  all  things,  and  at  all 
times,  he  shall  demean  and  conduct  himself  as  a  good 
apprentice  ought,  during  the  wdiole  term  aforesaid. 

And  the  said  G.  H.,  on  his  part,  does  hereby  cove¬ 
nant  and  agree,  to  furnish  the  said  apprentice  good  and 
sufficient  diet,  clothing,  lodging,  and  other  necessaries 
convenient  and  useful  for  said  apprentice,  during  t  e 
term  aforesaid ;  and  also,  shall  cause  said  apprentice 
to  be  taught  to  read  and  write,  and  the  ground  rules  of 
arithmetic;  and  shall  also  give  unto  said  apprentice, a 
new  bible,  and  two  new  suits  of  clothes,  suitable  to  his 
condition,  at  the  expiration  of  his  term  of  service. 

In  testimony  whereof,  &c.  A.  B.  [L.  S.] 

E.  F.  [L.  S.] 

G.  H.  [L.  S.] 

;  «?A  > 

Indenture  of  apprenticeship,  by  judge  of  probate,  two  justices 
of  the  peace,  or  two  overseers  of  the  poor.  (Rev.  c.  1827, 
pp.  55 — 6,  sec’s.  1, 2,  3  and  4.) 

ft  '  *  •*'  .  ^  •*  ■.  *  '  \  ‘ 

This  indenture,  made  and  entered  into,  this  day 

of  ,  A.  D.  ,  between  A.  B.  and  C.  D.,  over 
M 


134 


soiiMs  gf  mm  l  •  *•  * 

seers  of  the  poor,  (or  justices  of  the  peace,  or  judge 
of  probate,-)  in,  and  for  the  county  of  and  state  of 
Illinois,  of  the  one  part,  and  E.  F.,  of  the  same  county 
and  state*  of  the  other  part,  witnesseth:  That  the  said 
overseers  of  the  poor,  by  virtue  of  the  law  of  the  state  of 
Illinois  in  such  cases  made  and  provided,  have  placed, 
and  by  these  presents  do  place  and  bind  out,  as  an  ap¬ 
prentice,  a  poor  child,  named  ,  son  of  ,  of  said  coun¬ 
ty  of  ,  who  is  legally  settled  in,  and  become  charge¬ 
able  to  said  county,  and  who  is  proven  to  said  over¬ 
seers  to  be  unable  to  maintain  him,  the  said  child,  who  j 
•is  now  of  the  age  of  years,  to  said  E.  F.,  to  learn  ; 
the  art,  trade  or  mystery  of  ,  of  the  said  E.  F.,  af¬ 
ter  the  manner  of  an  apprentice,  to  dwell  with,  and 
serve  the  said  jE;  F.,  from  the  day  of  the  date  hereof,  J 
until  the  day  of  ,  A.  D.  ;  at  which  time  the 
said  apprentice  will  be  twenty-one  years  of  age.  Dur¬ 
ing  all  of  which  time  or  term,  the  said  apprentice  his 
said  master  well  and  faithfully  shall  serve;  his  secrets 
keep,  and  his  lawful  commands,  every  where,  and  at 
all  times,  readily  obey:  Fie  shall  do  no  damage  to  his 
said  master,  nor  knowingly  suffer  any  to  be  done  by 
'others:  He  shall  not  waste  the  goods  of  his  said  master, 
nor  lend  them  unlawfully  to  any:  At  cards,  dice  or  any, 
other  unlawful  games,  he  shall  not  play ;  matrimony/he'* 
shall  not  contract,  during  the  said  term;  taverns,  ale¬ 
houses,  or  places  of  gaming,  he  shall  not  frequent  or 
resort:  From  the  service  of  his  said  master,  he  shall 
not  absent  himself;  but  in  all  things,  and  at  all  times, 
h.e  shall  demean  and  behave  himself  as  a  good  and 
faithful  apprentice  ought,  during  the  whole  term  afore¬ 
said. 

And  the  said  E.  F.  binds  himself  to  cause  said  appren¬ 
tice  to  be  taught  to  read  and  write,  and  the  ground  rules 
of  arithmetic;  and  shall  also  give  unto  said  apprentice 
a  new  bible,  and  two  new  suits  of  clothes,  suitable  to 
his  condition,  at  the  expiration  of  his  said  tt^m  of  ser- 
.  vice.  In  testimony,  &c.  A.  B.  fL.  S.^ 

C.  D/[L.  S.  j 
,E.  F.  [L.  S.J 


/ 


FORMS 

OF 

WRITS  AND  PROCEEDINGS 

IN  THE 

J  USTICE  S’  C  O  U  R  1 


Civil  Cases . 

Summons.  (See  Rev.  c.  1827,  p.  260.) 

To  any  constable  of  said  county,  greeting  . 

You  are  hereby  commanded  to  summon  A.  B.,  to 
appear  before  me  at  ,  on  the  day  of  ,  at 
o'clock,  ,  to  answer*the  complaint  of  C.  D.,  for  a 
failure  to  pay  him  a  certain  demand  not  exceeding  one 
hundred  dollars;  and  hereof  make  due  return  as  the 
law  directs.  Given  under  my  hand  and  seal,  this 
day  of  ,  A.  D.  .  J.  D.  J.  P* 

Capias.  (See  rev.  c.  1827,  p,  261,  sec.  4.) 

To  any  constable  of  said  county,  greeting; 

You  are  hereby  commanded  to  take  the  body  of 
and  bring  him  forthwith  before  me,  unless  special  bail 
be  entered;  and  if  such  bail  be  entered,  you  will  then 
command  him  to  appear  before  me  at  ,  on  the 
day  of  ,  at  o’clock,  ,  to  answer  the  com¬ 
plaint  of  A.  B.,  for  a  failure  to  pay  him  a  certain  de¬ 
mand  not  exceeding  one  hundred  dollars:  and  hereof 
make  due  return  as  the  law  directs.  Given  under  my 
hand  and  seal,  this  day  of  ,  A.  D.  .  J.D.  /.  P. 
M  2 


3  38 


FORMS  OF  THE 


Special  bail.  (See  rev.  c.  i827,  p.  261,  sec.  4.) 

I,  G.  F.,  acknowledge  myseif  special  bail  for  the 
within  named  C.  D.  Witness  my  hand,  this  day 
of  ,  A.  D,  .  G.  F. 

Subpoena  for  a  witness.  (See  rev.  c.  1827,  p.  264,  sec.  17.) 

To  A.  B.: 

You  are  hereby  commanded  to  appear  before  me  at 
,  on  the  day  of  ,  at  o’clock,  ,  then 
and  there  to  testify  the  truth,  in  a  matter  in  suit,  where¬ 
in  C.  D.  is  plaintiff,  and  E.  F.  defendant;  and  this  you 
are  not  to  omit  under  the  penalty  of  the  law7.  Given 
under  my  hand,  & c.  J.  D.  J.  P. 

¥  •  ;  ‘  . 

Subpoena  duces  tecum. 

« 

We  command  you,  that  you  summon  A.  B.,  to  ap¬ 
pear  before  the  undersigned,  a  justice  of  the  peace,  in, 
and  for  county,  at  ,  on  ,  and  that  he  bring 
with  him  a  certain  writing,  (here  describe  it,)  in  his 
possession,  as  it  is  said,  to  be  Used  as  evidence  in 
behalf  of  C.  D.,  m  a  certain  suit,  wherein  C.  D.  is 
plaintiff,  and  E.  F.  is  defendant;  and  have  you  then 
and  there  this  writ.  Given  under  my  hand,  Sic, 

Venire.  (See  rev.  c.  1827,  p.  265,  sec.  21.) 

To  any  constable  of  said  county,  greeting: 

We  command  you  to  summon  lawful  men  of 
your  county,  to  appear  before  me,  at  ,on  the 
day  of  ,  A.  D.  ,  who  are  not  of  kin  to  plain- 
tiff,  or  to  defendant,  to  make’ a  jury  between  said 
parties  in  a  plea  of  .because  as  w7ell  the  said  plain¬ 
tiff  as  the  said  defendant,  have  put  themselves  upon 
the  country  for  trial;  and  have  you  then  and  there  the 
names  of  the  jury,  and  this  writ.  Witness  my  hand 
and  seal,  this  day  of  ,A.D.  .  J.  D.  J,  P, 


justices’  court. 


139 


\u^^PTcnt  for  a  juror  or  witness.  (Rev.  c.  1827,  p.205, 

sec.  22.) 

We  command  you,  that  you  forthwith  bring  the  body 
of  A.  B.,  before  the  undersigned,  a  justice  of  the  peace, 
in,  and  for  county,  at  ,  to  show  cause  why  he 
should  not  be  fined  fora  contempt  by  him  committed, 
in  not  appearing  before  the  said  justice  as  a  witness 
(or  juror,)  after  being  duly  summoned  arid  called  for 
that  purpose;  and  have  you  then  and  there  this  writ. 
Given  under  my  hand,  &lc. 

Fieri  facias.  (Rev.  C.  1827,  p.  267,  sec.  27.) 

To  any  constable  of  said  county,  greeting: 

We  command  you,  that  of  the  goods  aflFchatieis  c,\£ 
A.  B.,  in  your  county,  you  make  the  sum  of  dollars 
and  cents  debt,  and  dollars  and  cents  costs, 
which -C.  D.  lately  recovered  before  me,  in  a  certain 
plea  against  the  said  A.  B. ;  and  hereof  make  return  to 
me  within  seventy  days  from  this  date.  Given  under 
my  hand,  &c.  J.  D.  J.  P . 

.  •  *  ..'h 

Fieri  facias  to  a  foreign  county.  (Rev.  c.  1827,  p.  267,  sec.  28.) 

Whereas,  a  writ  of  fieri  facias  has  been  issued  and 
delivered  to  ,  a  constable  of  county,  on  a  judg¬ 
ment  recovered  before  me,  in  favor  of  A.  B.,  against 
C.  D.,  for  dollars,  and  the  said  constable  has  re¬ 
turned  thereon,  that  i he  said  C.  D.  hath  not  personal 
property,  within  the  county  of  ,  sufficient  to  satisfy 
the  same:  You  arc,  therefore,  hereby  commanded,  that 
of  the  goods  and  chattels  of  the  said  C.  D.,  in  your 
county, you  make  the  sum  of  dollars  debt,  and 
dollars  costs,  being  so  much  of  said  judgment  as  re¬ 
mains  unsatisfied;  and  hereof  make  return  to  me  with¬ 
in  seventy  days  from  this  date.  Given  under,  &c. 

Oath  to  procure  a  capias  ad  satisfaciendum. 

A.  B.,  being  duly  sworn,  on  his  oath  says,  that  he 
ve  rily  believes  C.  D.  to  be  able  to  pay  dollars, debt 


140 


FORMS  OF  TILE 


and  costs,  the  amount  of  a  judgment  in  his  fa 
against  C.  D.,on  the  docket  of  ;  and  that 
C.  D.  secretes  his  property  from  the  constable,  so  that 
the  said  debt  cannot  be  levied. 

Sworn  to,  and  subscribed  before  me,  this  day  of 
,  A.  D.  18  .  J.  P.  [Seal.] 

Capias  ad  satisfaciendum.  (Rev.  c.  1829,  p.  94,  sec.  1.) 

Whereas,  A.  B.  has  made  oath  before  me,  that  he  ve¬ 
rily  believes  C.  D.  to  be  able  to  pay  dollars,  debt 
and  costs,  being  the  amount  of  a  judgment  recovered 
before  me,  in  favor  of  said  A.  B.,  and  against  C.  13.; 
and  that  the  said  C.  D.  secretes  his  property  from  the 
constable,  so  that  the  debt  cannot  be  levied:  You  are, 
•jA-yefore,  hereby  commanded  to  take  the  body  of  the 
said  C.  I).,  and  him  convey  to  the  common  jail  of  said 
county  *,  and  the  sheriff,  or  jailer  of  said  county,  is  here¬ 
by  authorized  and  required  to  receive,  and  safely  keep 
him,  the  said  C.  D.,  until  he  pay  and  satisfy  the  sum  of 
,  debt,  and  ,  costs,  which  the  said  A.  B.  lately 
recovered  before  me;  or  until  he,  the  said  0.  D.,  shall 
be  discharged  by  due  course  of  law.  And  hereof  make 
due  return.  Given,  fcc. 

Susfiinons  against  bail.  (Sgc  rev.  c.  1829,  p.  95,  sec.  1.) 

*  «;  • 

To  any  constable  of  said  county,  greeting: 

You  are  hereby  commanded  to  summon  ,  to  ap¬ 
pear  before  me,  at  on  the  day  of  •  ,  at 

o’clock,  to  shew  cause,  if  any  he  have,  why  judgment 
should  not  be  rendered  against  him,  as  the  special  bail 
of  ,  upon  a  capias  issued  by  me,  against  him,  in  fa¬ 
vor  of  ,  for  the  sum  of  dollars  and  cents,  the 
amount  of  the  judgment  rendered  against  the  said  , 
in*favor  of  the  said  ;  and  hereof  make  due  return, 
pk  the  law  directs.  Given  under  my  hand,  &c. 


justices’  court. 


141 


Bond  for  costs.  (Rev.  c.  1829,  p.  97,  sec.  8.) 

State  of  Illinois,  C  A.  B.  ) 

<  vs.  >  Demand  $ 
county  of  ,  (  C.  D.  ) 

I,  E.  F.,  do  enter  myself  security  for  all  costs  that 
may  accrue  in  the  above  case,  this  day  of  ,18  . 

Acknowledgement  of  a  deed.  (Rev.  c.  1827,  p.  98,  sec.  11.) 

This  day,  personally  appeared  before  the  undersign¬ 
ed,  a  justice  of  the  peace  in  and  for  said  county,  A.  B., 
who  is  personally  known  to  said  justice,  to  be  the  real 
person  who  executed  the  foregoing  deed  of  conveyance, 
and  who  then,  before  said  justice,  acknowledged  that 
he  signed,  sealed,  and  delivered  said  deed,  freely  and 
voluntarily,  for  the  uses  and  purposes  therein  mention¬ 
ed.  Given,  &c. 

Note. — When  the  person  proposing  to  acknowledge,  is  not 
personally  known  to  the  justice,  proof  of  his  identity  should  be 
taken,  and  stated  in  the  following  form: — (Rev.  c.  1827,  p.  93, 

sec.  11.) 

This  day  personally  appeared  before  the  undersign¬ 
ed,  a  justice  o'f  the  peace,  in.  and  for  said  county,  A.  B., 
who  was  proved  before  the  said  justice,  by  the  oath  of 
C.  D.,  a  credible  witness,  to  be,  &e.  (as  in  the  above 
form,  to  the  end.) 

Proof  of  a  deed.  (Rev.  c.  1827,  p.  99,  sec.  1 1.) 

This  day  personally  appeared  before  the  undersign¬ 
ed,  a  justice  of  the  peace,  in,  and  for  said  county,  A.  B., 
who  is  personally  known  to  said  justice,  to  be  one  of  the 
subscribing  witnesses  to  the  foregoing  deed,  and  who 
being  by  the  said  justice  duly  sworn,  on  his  oath  says, 
that  C.  D.,  whose  name  appears  subscribed  to  the  fore¬ 
going  deed,  is  the  real  person  who  executed  the  same; 
and  that  he,  the  said  A.  B.,  subscribed  Ins  name  as  a 
witness  to  said  deed,  in  the  presence,  and  at  the  request 
of  the  said  C.  1).  Given  under  my  hand,&c. 

Note. — Wherever  the  subscribing  witness  is  not.  known  to 
the  justice,  pronf  should  be  taken  and  stated^  cfjffs  identity; 
and  wherever  the  subscribing  witness,  or  party,  is  dead,  the 
proof  should  be  suitably  varied. — (Rev.c.  1827,  p.  99,  see.  11.) 


FORMS  OF  THE 


142 

Proceedings  in  forcible  entry  and  detainer. 

Notice  to  person  in  possession.  (Demand  in  writing.) 

To  C.  D.— Sir:  Take  notice,  that  1  hereby  demand 
from  you,  immediate  possession  ■  of  a  certain  tract  oi 
land,  containing  acres,  less  or  more,  situate  in  ie 

county  of  ,  and  bounded  as  follows,  (here  set  out 
the  metes  and  bounds,  if  possible,  or  otherwise  describe 
the  land  as  the  case  may  require.)  Mr.  L.  I  .  is  I 
by  authorized  to  receive  possession  ot  said  land  tor  me. 

"  Nov.  18?/  .  A*  ” 

Comclaint  of  an  entry  without  force.  (Rev.  c.  1327,  p.  223, 

sec.  1.) 

State  of  Illinois,)  Forcible  entry  and  detainer,  nefore 

V  J.  T.  and  M.  M.,  two  justices  ol  the 

countv  A  peace,  in,  and  for  said  county. 

A.  B.,  on  oath  complains  to  .1.  T.  and  M.  M.,twojus- 
fires  of  the  peace,  as  aforesaid,  that  on  the  ,  at  the 
county  aforesaid,  lie  was  lawfully  entitled A? 
able  sole  and  execlusive  possession  ofa  certain  tiact 
land’  containing  acres,  less  or  more,  situate  m  said 
county,  and  bounded  as  follows,  (here  describe  tnc  land 
as  in  the  demand  in  writing;)  and  that,  on  the  sam 
day,  whilst  the  said  A.  B.  was  so  entitled  to  such  pos¬ 
session,  one  C.  D.  unlawfully  and  without  any  light  of 
possession  in  him.  entered  thereon,  and  took  P°ss|SMon 
of  said  land,  and  Stained  the  possession  of  t.ic  said  lawl 
from  said  A.  B.  f.and  still  unlawfully  detains  the  pos 
-cession  of  said  land  from  the  said  A.  B.,  although  the 
said  A.  B.  hath  demanded  the  possession  then  o,  in 
writhin',  from  him  the  said  C.  D.;  whcrefoie  ic  . 
said  A^B.  says,  that  for  the  causes  aforesaid,  t.ic  said 
C.  D.  is  guilty  of  a  forcible  entry  and  detainer. 

Sworn  to,  and  subscribed  before  us,  &c. 

I.  T.  ~ 


* 


SPICES ’  COURT* 


143 


Complaint  of  a  forcible  entry  and  detainer. 

A  B..  oa  oath  complains  to  J.  T.  and  M.  ttvo 
justices  of  the  pence  as  aforesaid,  U-.at  on  t  ^  d-  j 

L 

'-"o'llows’  (h7  descric 

7s  U.  the  nouce;)  and  that  on  the  same  day,  one  C. 

D.  «r  lawfully  and  forcibly  entered  on  the  said  land 
and  detained  the  same  from  the  ^d  ,4  B.,  and  s  U 

unlawfully  detains  the  possession  of  said  tract  ot  a 

fr„m  him  the  said  A.  B„  although  the  said  A.  B.  ha  a 
since  the  said  forcible  entry,  made  a  demand  in  - 
inn.  of  the  said  C.  D.,  for  possession  of  said  land. 

Sworn  to,  and  subscribed  betore  us,  &c.  A-  !>• 

J.  T.  J.  P- 
M.  M.  J.  P- 

Complaint  of  a  forcible  detainer. 

A  B.  complains  on  oath  to  J.  T.  and  M.  M,  two  jus- 

■ices"  of  the  peace,  in,  and  for  said  county,  that  on  , 

t  the  coun  v  aforesaid,  he  the  said  A.  B.  leased  and 
attnecou  rprta;B  tract  of  land  containing 

r°nted  more"  or  in  said  county,  and., 

bounded  as ’follows,  (here  describe  ‘l0 ^ ^  a 
terms  and  conditions  of  the  said  lease,  he  aid  C.  U. 
was  to  hold  the  said  land  until  the  day  of  >  ■ 
which  time  the  said  lease  was  to  expire  and l  determ  me, 
and  that  the  said  C.  D.  continued,  and  still  . 

to  ’.old  over  the  said  land,  after  the  determination  of 
the  time  for  which  the  said  land  was  leased  I  to  sa. C, 
O  ns  aforesaid;  and  that  the  said  C.  Dvhath  relu  ea 
since  the  determination  of  said  lease,-  to  decline  posses- 
7n  of  said  land  to  the  said  A.  B„  although  the  said  A. 
13.  hath  made  a  demand  in  writingM  the  said  C.  !)., 
for  possession  of  said  land:  wherefore  the  said  A  B;. 
avs  that  the  said  C.  D.,  for  the  causes  aforesaid,  is 


guilt v  of  a  forcible  detainer. 
Sworn  and  subscribed^ 


— 


1 44 


F#RMS  ©F  THE; 


ft  Xlbe  rHrii  t0  suit  eachc^ 

be®a  a  peaceable  but  wrongfurentry8’ zt'whlll  «ere  has 

WioteXTnJ™;  d'feeTce'Yr11  T  °f 

with  force:  and  3d,  where  a  tenant  h  Ji }  th"  e,ntrJ  be  made 
expiration  of  the  lease.  over  lands  after  $.e 

1  he  object  of  this  action  is  to  try  a  question  ns  tn  ih*  *  w 
of  possession,  or  force  It  n  V  bastion  as  to  the  right 

title  papers  or  deeds'nev  denci  ,aw>  ,0  a<>mit 

=* 

V  n,0t  merely;  and 

“guilty,”  or  “qot  guilty.”  ia  Liey  find  the  defendant 

Summons. 

V  *  ■  • 

Wo  command  you^Sfyl  'iTf^ 

?eab5fre  thf  undersi«ned>  two  justices  of  the  peace 

;  ’  a,ld  .for  sa,d  C0l,ntJ»  at  , on  the  day  of  '  ’ 

’  t0  answer  the  complaint  of  A.  B.,  for  a  forcible 
Uifry  and  detainer,  (or  forcible  detainer,  as  the  case 

r0™ 5  «nd  ‘mVe  V°U  then  tilere  this  writ.  Given  fee’ 

A  otE.— Summons  for  jury  as  in  other  cases.  ’  ^ 

Oath  of  the  jury. 

You,  and  each  of  you,  do  solemnly  swear,  that  von 

tiff  and c"d  i“ {  V  A*  CaS°  wl*rein  A •  C-  's  plain- 
u.l  ,.,.d  C.  O.  is  defendant;  and  a  true  verdict  give  ac¬ 
cording  to  the  evidence.  So  help  you  God.  ° 

Judgment. 

’  ...  .  ,  t 

After  entering  the  verdict,  if  it  be  for  the  plaintiff 
he  following  judgment  should  be  entered:— “it  is’ 
therefore  considered  by  the  said  two  justices  of  the 
pence,  that  the  said  A.  B.  have  restitution  of  the  pre! 
m,ses  m  the  complaint  mentioned;  and  that  the  pla  n- 


■justices’  CHR.T. 


143 


liff  also  recover  of  the  said  defendant  his  costs  herein 
expend  d,  and  that  he  have  execution  therefor. 

If  the  verdict  he  for  the  defendant,  there  is  judgmen 
for  costs  only,  as  in  ordinary  cases. 

Writ  of  restitution. 

To  the  sheriff  of  county,  greeting: 

We  command  you,  that  forthwith,  and  without  delay, 
•OU  put  A.  B.  in  the  possession  ofa  certain  tract  of  land 
containing  acres,  less  or  more,  situate  in  said  coun¬ 
ty,  and  hounded  as  follows:  (here  describe  it  as  in  the 
complaint,)  which  C.  D.  wrongfully  and  forcibly  de¬ 
tains  from  him,  as  it  appears  to  us  of  record;  and  also 
that  you  make  due  return  of  this  writ.  Given,  itc. 

Proceedings  in  cases  of  estrays . 


Oath  of  taker  up. 


A.  B.,  being  duly  sworn,  on  his  oath  says,  that  &  cer_ 
tain  hay  horse,  years  old,  hands  high,  and 
branded,  & c.  was  taken  up  by  him  at  ,  and  that  the 
marks  or  brands,  on  the  said  horse,  have  not  been  al¬ 
tered  by  him,  or  any  other  person  or  persons,  to  his 
knowledge,  either  before  or  since  the  said  horse  was 
taken  up.  Sworn  to,  Sic,  A* 


Summons  to  appraisers. 

To  any  constable  of  said  county,  greeting. 

We  command  you  to  summon  three  disinterested 
house  holders  of  the  neighborhood,  to  appear  before 
me  at  ,  on  ,  to  appraise  a  horse  taken  up  as  an 
cstray  by  A.  B. ;  and  have  you  then  and  there  this  writ. 
Given  under  my  hand,  Sic, 

Appraisement. 


We,  the  undersigned, 
being  sworn  by  E.  F.,  a 

N 


householders  of  county, 
justice  of  the  peace,  on  om* 


FORMS  OF  THE 


oaths  report,  that  we  find  the  horse  taken  up  by  A„ 
B.,  as  an  estray,  to  he  a  bay  horse,  years  old 

bauds  high,  branded, &c.  and  do  appraise  the  said  horse 
to  the  sum  of  dollars.  I  r< 


Proceedings  in  attachment . 


A.  B.,  being  duiy  sworn,  on  his  oath  says,  that  C.  D. 


is  justly  indebted  to  him  in  the  sum  of  dollars:  and 
tbai  the  said  C.  D.  so  absconds,  (or  conceals  himself,  or 
stands  in  defiance  of  a  peace  officer  authorised  to  ar- 
him  on  civil  process,  as  the  case  may  be,)  so  that 
a  warrant  cannot  be  served  on  him.  A.  B 

Sworn  to,  &e. 


E.  F.  J.  P.  [L.  S.] 


Bond.  (See  the  bond  required  in  the  circuit- court.}  ’•  * 


Writ  of  attachment? 


y 


To  any  constable  of  said  county,  greeting: 


nereas,  A.  B.  has  made  oath,  that  C.  D.  is  justly 
indebted  to  him,  in  the  s-um  of  dollars;  and  that 
fiie  said  C.  D.  so  absconds,  (or  otherwise  as  the  case 
may  be,)  so  that  a  warrant  cannot  be  served  on  hint: 
and  the  said  A.  B.  having  given  bond  according  to  the 
statute  in  such  case  made  and  provided:  You  are, 
therefore,  hereby  commanded  to  Attach  so  much  of  the 
goods  and  chattels  of  the  said  C.  D.,  to  be  found  in 
your  county,  as  shall  be  of  value  sufficient  to  satisfy  the 
said  debt,  and  the  costs  of  this  proceeding;  and  the 
same  goods  and  chattels,  so  attached,  in  your  hands  to 
secure,  or  so  to  provide  that  the  same  may  be  liable  to 
turther  proceedings  before  E.  F.,a  justice  of  the  peace, 
in,  and  for  said  county;  and  also  that  you  summon  O. 
i3.,  as  garnishee,  to  appear  before  the  undersigned,  a 
justice  of  the  peace,  on  ,at  ,  then  and  there  to 
answer  what  shall  be'  objected  against  him.  And  have 
you  then  there  this  writ.  Witness,  &c. 


justices’  court. 


Proceedings  against  runaway  slaves . 

•  r*  *  i  y>  . , 

Affidavit.  * 

A  B  being  duly  sworn,  on  his  oath  says,  that  C.,  a 
man  of  color,  by  the  laws  of  the  state  of  ,  owes  ser- 
vice  and  labor  to  him  the  said  A.  B.,  m  the  said  sUe. 
of  ;  and  that  the  said  C.  has  escaped  from  the  ser¬ 
vice  of  the  said  A.  B. ,  in  the  state  ot  .  ,  to  the  state 

of 

Sworn  to,  & c. 

Warrant  for  a  runaway  slave. 


'To  any  constable  of  said  county,  greeting. 

Whereas,  A.  B.  has  made  oath  before  the  undcr- 
dersiened,  a  justice  of  the  peace  ol  said  county,  t  at 
C.,  a  man  of  color,  owes  him  service,  in  the  state  of 
•  and  that  the  said  C.  has  escaped  irom  his  sad 
service,  into  the  state  of  t  Wtf,  therefore,  command 
you,  that  you  take  the  body  oi  the  said  C.,  and  him 
forthwith  bring  before  the  undersignedjust.ee  oi  .1.. 
neace  at  .  to  answer  the  said  complaint  ot  A. 
and  to  be  subject  to  such  order  as  shall  he  made  in  the 
premises.  And  have  you  then  there  this  writ. 

Given,  4'C. 

•  •  Certificate  to  master. 


*  I  ErF.,  a  justice  of  the  peace,  in,  and  for  said  coun- 

tv,  do  hereby  certify,  that,  from  proof  prod  uced  before 
me  it  is  proved  to  mv  satisfaction  that  C.,  a  man  oi 
color,  seized  and  brought  before  me,  owes  service  to 
A.  B.,  under  the  laws  of  the  state  oi  •  ;  and  that  toe 
>aid  C*  has  escaped  from  the  said  State  ol  ,  arm 
from  the  service  so  due  to  the  said  A.  the  state 

of  Illinois.  Given  under  my  hand,  &g. 

•  *•  • 

Mittimus  for  a  negro  not  having  free  papers. 

To  the  sheriff  of.  said  county,  greeting: 

Whereas,  A.  B.,  a  negro,  (or  man  of  color,)  has  been 
brought  before,  the  undersigned,  a  justice  oi,  the  peace-. 


1S0RMS  OF  THE 


j»4o 

in,  and  for  said  county;  and  lie  the  said  A  B  not  havinn-  a  certi 

f,ave6  Thfs^AB’is  *3™?*°™*  and  ^judged  a  Runaway 
rive,  i  he  saul  A  B  is,  therefore,  committed  to  your  custody 

and  you  are  hereby  commanded  to  take  the  body  of  the  said  A 

B,  and  him  secure  m  the  common  jail  of  said  county;  and  other 
wise  proceed  with  the  said  A  B,  according  to  the  statu teYn 
such  case  made  and  provided,  until  he  shall  be  discharged  I  v 

war ™ And^  {°T ^  this  shal1  be‘  your'suSde^ 

"  ari  ant*  And  hereof  make  due  return.  Witness,  &c. 

Criminal  Cases.  {Rev.  laws  18 27, p.  170,  sec.  3.) 

Complaint  on  oath,  to  procure  a  warrant  for  the  e 

hension  of  offenders. 


appre- 


This  day,  personally  appeared%efore  the  undersigned  a 
(ju  ge  or  justice  of  the  peace,  as  the  case  may  be,)  A  B  who 
after  oemg  by  me  duly  sworn,  complains  on  oath,  as  follows’ 
to  wit:  that  a  certain  horse,  of  this  affiant,  about  six  years  old’ 
fifteen  hands  high,  of  a  bay  colour,  both  fore  feet  white,  was  on 
t  he  night  of  the  day  of  last,  stolen  from  the  possession 
of  this  affiant,  and  that  this  affiant  has  just  and  reasonable 
grounu*  to  suspect,  and  does  verily  suspect,  that  C  D  is  guilty 
of  stealing  said  horse.  *  (Signed)  A  B  7 

Subscribed,  Szc.  E  F,  J.  P.  \  S  ) 

Note.—  With  proper  variations ,  according  to  the  subject  man 
ier  the  above  form  may  be  made  to  suit  applications  for  every  va - 
ynety  of  offence .  J  J 

W  arrant. 

To  all  sheriffs,  coroners  and  constables  in  t£e  state  * 
of  Illinois,  greeting: 

W  hereas,  complaint  on  oath  has  been  made  to  the  undersign¬ 
ed.,  a  justice  of  the  peace,  in,  and  for-said  county,  that  a  larce¬ 
ny  lias  been  committed  within  this  state,  and  that  there  arc  just 
and  reasonable  grounds  to  suspect  that  C  D  is  guilty  thereof: 
You  are,  therefore,  ITereby  commanded  to  take  the  body  of  the 
said  C  I),  and  bring  him  forthwith  before  me,  of  some  other 
justice  of  the  peace,  in  said  county,  then  and  there  to  answer 
to  the  people  of  the  state  of  Illinois,  on  said  .ch«*fge  of  larceny. 
And  hereof  make  return  as  the  law  directs.  Given  under  my 
band  and  seal,  this  day  of  ,  1C  . 

E  F,  j\  P.  fL.  s.l 


justices’  court.  h  H9 

Oilicer’s  return  on  tlje  warrant. 

Executed  the  within  warrant,  by  taking  the  said  C  D,  ant* 
have  him  now  present. 

Fees,  executing  writ, 

Milage, — miles, 

st,  shy. 

or, 

The  within  named  C  D  is  not  found  in  my  county. 

S  T,  Sh'ff. 

Recognizance  to  be  taken  by  justice.  (Laws  182«} 

p.  171,  sec  5.) 

Know  all  men,  &c.  unto  the  people  of  the  state  of  Illinois], 
for  the  use  of  the  county  of,  &c. 

The  condition  of  the  above  obligation  is  such,  that  the  above 
bounden  C  D,  has-been  arrested  and  brought  before  E  F ,  a  jus¬ 
tice  of  the  peace,  for  examination  on  a  charge  of  larceny;  and 
it  appearing  to  the  said  justice  that  there  are  probable  grounds 
of  the  guilt  of  the  said  C  D:  now,  if  the  said  C  D  shall  person¬ 
ally  appear  before  the  next  oircuit  court,  in  and  for  the  coun¬ 
ty  and  state  aforesaid,  on  the  first  day  of  the  next  term  there¬ 
of,  to  be  liolden  at  the  court  house  in  ,  onythe  Monday 
in  the  month  of  next,  then  and  thereto  answer  to  the  peo¬ 
ple  of  the  state  of  Illinois,  to  such  indictment  as  may  be  pre 
ferred  against  him  by  the  grand  jury  of  said  county,  and  abide 
by,  and  perforin  the  decision  of  said  court  thereon,  and  not  de¬ 
part  without  leave  of  said  court;  then,  &c. 

C  D,  [L.  S.] 

L  M,  [L.‘  S.] 

O  P,  [L.  S.] 

E  F,  J.  P. 

5#  *  ‘  - 

Mittimus,  on  refusal  to  enter  intoj-ecognizanJe.  [Laws 

1827,  p.  17!,.  sec.  5.] 

t 

To  the  sheriff,  coroner,  or  any  constable 
%  of  said  county,  greeting: 

Whereas,  C  D  has  this  day  been  examined  before  me,  on  a 
charge  oflarceny;  and  it  appearing  probable,  that  the  said  C 
D  is  guilty  of  said  charge,  and  he  having  failed  and  refused  to 
enter  into  recognizance,  with  security,  for  his  appearance  at 
the  next  circuit  court  in  and  for  said  county:  You  are,  there¬ 
fore,  Hereby  commanded  to  take  the  body  of  the  said  C  D,  and 
Convey  biin  to  the  common  jail  of  said  county;  and  the  keeper 

N  2 


150 


forms  of  the 


?fiS]Sr'nllS!iereb'  authorised  and  required  to  receive  the 

drcu’it  clr,Pfm0niUm  ^  S3id  Jail’  ,mtiI  tfie  term  of 
dav  in  court  for  said  county,  t„  be  holden  on  the  Mon- 

E  F,  J.  p.  [L.  S.] 

:rr* *- - 

E  F,  J.  p. 

Recognizance  for  witnesses. 

»  ^ e°re cognizan ce°of  crirn in^al?) n am es  °f  a‘>  ‘he  witnesses,  as 

is  s;rh’  "mt  if  the  a- 

the  eircuit  court  next  to h.  7  Personally  appear  before 
month  of  next  and  rive  t  f  ™  ‘?e  M°nday  i>=  the 

the  state  of  Illinois  ai  ZJ r  n  ' 3'15’  “  bel‘alf ' °f  the  People  of 
not  depart  without  Jea^e  of  said  coTrP  Sf,  ?fl?W  “<* 
be  void,  otherwise  to  remain  in  f„n  r  ‘6n  s“S  obllSatlon  to 
witnesses  must  si™  if  and  L  ,  force  a“d  '•lrt»e-(all  the 

recognizance  ;rt1ie  criminal  )  'USt,Ce  '*#*  U>  “ «>• 

Search  warrant.  (L*ws  1827,  p.  173,  see.  1 1.) 

county, Fgr e e ti °r  ^  C0Dstable  of said 

Whereas,  complaint  on  oath  has  been  mado  tn  , 

signed,  a  justice  of  thp  i  r.  .  ae  to  the  under- 

that  a  larceny  has  been  committed^  'f  S!"d  count7>  h)  A  13, 
scribe  the  pSZSS’  b$  *  *°  steali“g  of(here  del 

verily  b  el  ie  veri;  hari the  *said  stolen  tA  ®  d“es 

cv  elling  house,  or  some  outhouse  helourinsr  to  °and  n  *d  *■”  If”3 
possession  of  C  D-  Yon  nm  iv  r  ^  to’  and  now  ln  the 

diligently  to  search  In%ree;bh„:rsrPec,eedbny, 

goods,  in  the  day  time-  and  i  for  r  <  Pected  places  for  said 

be  therein  found,  Ziire to  feiZif the  *?t  described  goods 

me,  without  delay,  to  he  disposed  of  T’  aild  hr12g  ,hem  before 

hereof  make  return  accordmgtolaw  r  ,  E  *">"•  And 
&c.  ciuir.g  to  law.  Given  under  my  hand, 

E  F,  J.  p.  [L.  s.-j 


JUSTICES5  COURT'. 


I  !A 


Officer's  return. 


Executed  the  within  writ,  by  searching  the  Veiling ;  house 
f  |L  within  named  C  D,  wherein  I  found  (here  describe  the 
^roporT;  as  in  the’  warrant;)  being  a  part  of  the  goods 

searched  for.  j  §  Const. 

Nov.  ,  Id 


SHERIFF. 

Sheriff’s  notice  of  the  sale  of  land,  or  personal  proper- 

ty,  under  execution. 

Sheriff"’ s  Sale. 

Iiv  virtue  of  a  writ  of  ,  to  me  directed,  from  the  *; 

court  of  county,  in  favor  of  ,  against  ,  I  have  levied*,, 
on  a  certain  tract  of  land,  (here  describe  ,t  particularly,)  (or 
a  certain  waggon  and  team,  describing  tuem,)  which  I  shad  ex- 
pose  to  public  sale,  on  the  day  of  next  at  the  house  o 
P  to  the  highest  and  best  bidder,  for  ready  money .  hale 
to  be  between  the  hours  of  11  o’clock,  A.  M„  and  4  o.do«k, 

P.  M.  t  «.  J  S’ 

Nov.  ,  18 

Certificate  of  purchase  of  land.  (Laws  1829,  p.  83(, 

sec.  10.) 


State  of  Illinois,  >ct  ip'V'r  B 

T  J  S  sheriff  of  said  county,  do  hereby  certify,, that  hy  yir~ 
tueof  a  writ  of  ,  to  me  directed,  from  the  court,  1  did 
on  the  day  of  ,  expose  to  public  sale,  a  certain  trac  i  or 
parcel  of  land,  (here  describe  it  particularly,)  and  to  at  A  B  ..id 
the  sum  of  $  therefor;  which  being  the  highest  and  -  est. 
bid  the  said  tract  or  parcel  of  land  was  struck  to  him  the  sai 
A  ji-  and  that  the  said  A  B  will  be  entitled  to  a  deed  for  said 
premises,  so  sold  to  him,  on  the  day  of  ,  unless  the  same 
be  redeemed  according  to  law.  Given  under  my  hand  and 

seal,  this  day  of  .  18  •  J  S> 

(Signed  duplicates.)  counij. 

Sheriff’s  deed  to  purchaser. 

This  indenture  made  and  entered  into,  this  day  of  , 

in  the  year  of  our  Lord  18  ,  between  J  3,  sheriff  ot  the  ccun- 

tv  of  and  state  of  Illinois,  by  virtue  of  his  office,  ot  toe  one 
part,  and  A  B,  of  the  same  county  and  state  of  the  other  pari , 


FORMS  OF  TIIjE 


152 


Witnesseth:  that  whereas  itn  A,  ,, 

of  ,  in  the  year  r  n  C°',rt  beId  cn  the  day 

F*  ia  a  certain  plea  for  the  s-u^of  a  jud,8'.mlent  gainst  E 
m  the  following  words  and  Wes  wit 5  'vLlch  Judgment  is 

whereas,  on  the  dav  &  ,  o  ’  1  L  (here  copy  it;)  and 

said  court,  which  said  writ  is  in  "thJ  *  "T*  °f,  ,  issued  frora 

mg,  to  wit:  (here  copy  it  )  direl^fW°rd/iaSd  flgUTes  foilow- 

said,  for  the  collection  of  said  in  i  °  ld  d  i3’  sheriff  as  afore- 
levied  by  the  said  J  S  sheriff  as  mGn  ^hich  said  writ  was 

office,  and  according  to  the  slatnte  ?n?ai,  ’  °J  Virt,le  of  Lis  said 
vided,  on  a  certain  tr-rf  nr  »  '  '  l 1  rU,cb  cases  made  and  pro- 

particularly,)  which  said  land'  ,  f  a-d’  (llcre  describe  it 
said  J  S, for  sale  said 
of  the  most  public  place-  in  Lm  Pia"jn£  {1P  notices  in 
to  the  sale  hereafter  mentio'acd-°wr  *h’  f°I-  .tlri)s'  Previous 
and  figures  folio, rin>r  vi7.  n,’  lch.“"tlce  «  '»  the  words 
wit,  on  the  day  of  (;n Sr®  coP>"  >*•)  a°d  afterwards,  to 

p>d  notice  or  advertisement,  the  sahf “j  s  „h  ’  ‘ff pu""ance. 

■>y  virtue  of  his  said  office  eYnnc^n  *  •  j  ,  sheriff  as  aforesaid, 
to  public  sale,  at  H  H  a*d  ,above  mentioned 

therefor,  which  beinn-’tl.n  hm  t  aJd  ^  P  bld  tIje  sum  of  $ 
mises  were  struck  off  to  hh^tf  nd^CiSi?bl(1,  the  sai(t  pre- 
fully  appear,  reference  bein”  hadfoo  which  wil‘  "‘Pie 

tf.ven  to  the  said  A  B  by  "he  said  J  S*  h  -w  0fPureh«®, 
wmch  certificate  is  in  the  follow;  J  b’sherifF  as  aforesaid; 

(here  copy  T°rds  ai',d  %“«»,  to  viz! 

by  force  of  the  statute  in  surl  r!  P  cba*e  and  certificate,  and 

saidA  B  became  entitled  to  a  deedSfomine  *•!?  provided>  the 

the  said  J  8,  sheriff  as  aforesaid  h  ^  Sa'd  premises«  from 
were  not  redeemed  according  to^’be  staTute  to®  T*  premises 
and  provide*'  Now,  therefore  the  said  I  "  T  -T™  made 
said,  by  virtue  of  his  said  office  arnHn  f^  J  S.henff  as  afore- 
m  such  cases  made  and  provide  1  <*  pursuance  of  the  statute 
the  aforesaid  sum  of T  ?  l  ^  ?nd  In  consideration  of 
B,  as  aforesaid^ has  granted  b  bl,n.ln  band  Paid  by  the  said  A 

presents,  does  grant,  bargain  and^n  and  Stdd’  and  b^  these 
the  right,  title,  interest  and  h!;  V  anto  the  said  A  B>  all 
da>"  of -sale,)  4d  to  «d  to  toTfoTl  *•  th®  said.E-  F,  (on  the 

land,  (describe  it  as  above  in  the  ^ol  ovvln^  described  tract  of 
chase:)  to  have  and  to  hold  tfce  said  certldGate  ofpur- 

gether  with  all  and  singular  the  '  °T  parcel  °f  land,  to- 

Rances  thereto  belonjrimr  or  ;  Jereditaments  and  appurte- 

said  A  B,  and  hi*  heirs'  Ixerulow  7  T™  appertaininS,  to  the 
forever.  And  the  said  J S and  as*%ns, 
warrant  and  defend  the  title  tn  iht afor,eSaid’ .  engages  to 
the  claim  or  claims  of  the  said  F  F  "  premise?>  against 

through,  or  under  him.  5  °d  a  *  otbers  claiming  by,‘ 

In  testimony  whereof,  Sic 
Signed,  sealed,  &c. 

J  b,  Shift  [L.  S.] 

°f  county. 


CORONERS. 


156 


CORONERS. 

vOTr  — Coroners  have  the  same  powers,  duties  and  fees,  as  she - 
riffs  ha  v'c  when  doing  the  duties  properly  appertaining  to  sherips. 
Wherever  the  sheriff  is  interested  in  a  cause,  the  coroner  acts  as 

sheriff. 

Form  of  inquest  over  a  dead  body.  (Laws  of  1 321,  pp. 

23-4,  sec.  2,  3,  4,  c.) 

State  of  Illinois,  )  gct> 

Whereas,  it ’was  represented  to  me,  J  C,  coroner  of  said 
county,  on  the  day  of  ,  that  a  male  person  was  found 
dead  It  ,  in  said  county,  supposed  to  have  come  to  his  death 
by  violence,  casualty,  or  undue  means;  whereupon  I  foithvvitn 
summoned  a  jury  of  twelve  good  and  lawful  men,  of  the  neigh¬ 
borhood,  to  wit:  (here  insert  their  names;, to  inquire  how ^  and 
in  what  manner,  and  by  whom  or  what  he  carne  by  his  death, 
and  as  soon  as  the  said  jurors  assembled  at  the  said  place  wterc 
the  said  dead  body  was  lying,  I  appointed  A  B,  one  o.  as 

foreman,  and  in  the  presence  of  all  the  rest,  administered  to 
him  the  following  oath,  (or  affirmation:)  “1  ou,  as  foremar ^of 
this  inauest,  do  solemnly  swear,  that  you  will  diligently  cu 
quire  and  true  presentment  make,  how,  in  what  manner,  and 
by  whom  or  what,  the  body  which  here  lies  dead,  came  to  its 
death-  and  that  you  will  deliver  to  me,  the  coroner  of  this  coun¬ 
ty  a  true  inquest  thereof,  according  to  such  evidence  as  snail 
bVo-iven  you,  and  according  to  the  best  of, your  knowledge  and 
belief.  So  help  you  God.’;  And  to  the  other  jurors  the  following 
oath  to  wit-  “The  same  oath  which  A  B,  your  foreman,  has 
just  now  taken  on  his  part,  you  and  each  of  you,  oo  solemnly 
swear  to  keep  on  your  respective  parts.  So  help  you  God. 

Whereupon  the  said  jurors,  after  examination  of  the  sa^d 
dead  body,  and  hearing  the  testimony  of  D,  E,  F  and  <3*  »bo 
were  subpoenaed  as  witnesses,  returned  the  following  verdict, 
to  wit:  “We,  the  undersigned  jurors,  empannel  ed  and  sworn 
to  inquire  how,  and  in  what  manner,  and  by  whom  or  what, 
(the  dead  body)  came  to  its  death,  do  find,  upon  examination 
of  the  said  body,  and  D,  E,  F  and  G,  witnesses  examined  that 
the  name  of  the  dead  man  was  LM;  that  he  came  to  hisjeath 
by  a  fall  from  a  horse;  (or  any  other  cause,  which  must  be  stat¬ 
ed  particularly,)  and  that  the  estate  of  the  deceased  18 
sufficient  to  defray  the  expenses  of  this  inquest,  and  of  his  fn 
neral:”  (or  that  the  deceased  has  no  effects,  known  to  the  ju¬ 
rors,  as  the  case  may  he.) 

[Signed  by  all  the  jurors.]  . 

L  J  G,  coroner,  in,  and  for  the  county  and  state  aforesaid^, 


CONSTABLES. 


‘1  54 

do  hereby  certify  that  the  foregoing  is  a  true  statement  of  the 
said^L  ^  bef°re  me>  of  aud  concerning  the  death  of  the 

Given  under  my  hand  and  sea),  this  day  of  ,  18 

J  C,  Coroner 

For  subpoenas  and  recognizances,  when  necessary,  th  Z  Tor  oner 

W^13w/OT“  °ftk0Se  papers ’  llsed  hy  j'lstices  of  the 

AGREEMENTS  AND  CO-PARTNERSHIPS. 

Note.  JVb  form  that  could  he  given,  would  suit  every  case • 
inasmuch  as  there  are  peculiar  circumstances ,  differing  from  each 

1  'he  best  rule  that  can  he  given,  and  which  is  better  than  all  the 
forms  that  our  limits  would  admit,  is,  that  in  articles  of  agreement 
and  of  co-partnership,  upon  whatever  subject,  the  intention  of  the 
parties  be  clearly,  and  explicitly  expressed.  The  particular  words 
a.e  not  material,  so  tnat  the  design,  and  meaning  of  the  parties 
can  be  drawn  from  the  instrument.  All  courts  will  give  a  liberal 
construction  to  the  meaning  of  words,  50  as  to  arrive  at  the  under - 
stanaxng  and  intention  of  the  contracting  parties.  We  deem  it  svf- 

Jic tent,  therefore,  to  put  down  the*  commencement  and  conclusion  of 
one  only:  J 

Articles  of  agreement. 

Articles  of  agreement,  made  and  entered  into,  this  dav 
T  f  Air  D'  18r  between  >  the  county  of  a„d 

Tn’  01  ithe  °ne  pai%  aDd  ’  of  the  same  county 
and  state,  of  the  other  part,  Witnessed:  that,  (here  state  par- 

tic.ilai ly  wha.  each  party  engages  to  perform,  and  conclude  as 

?fanTS:)  a1010"7  whereof’  we  have  hereunto  set  our 

Lands,  and  affixed  our  seals,  this  day  and  year,  above' written. 

[L.  S.] 

::  •  ;  [L.  $.] 

Witnesses  present.  ^ 


■.* 


CONSTABLES’  RETURNS  AND  NOTICFS 

Constable’s  return. 


♦ 

Executed  the  within  according-  to  law. 


Nov. 


18 


J  K,  Constable . 


GpNVEYANClXfc'. 

Return  on  execution. 


1  do 


Levied  on  ,  the  goo, Is  and  chattels  of  the  within  named 
on  the  day  of  ,  and  aft  er  due  notice,  sold  the  same 
on  the  day  of  ,  for  ,  being:  a  part  of  said  execution; 
which  money  l  have  ready  at  the  time  and  place  within  men- 
tiotied.  No  goods  and  chattels  can  he  found  in  my  county, 

whereon  to  make  the  residue  of  said  execution. 

J  K,  Constable . 

Nov.  9 1 B  . 

CONVEYANCING. 

Deed  of  conveyance  and  warranty. 

# 

This  Indenture,  made  and  entered  into,  this  day  of  ,  m 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
tween  ,  of  the  county  of  ,  and  state  of  ,  of  the  first  part, 
and  ,  of  the  county  of  ,  and  state  of  ,  of  the  second  part, 
Witnesseth,  That  the  said  party  of  the  first  part,  for  and  in  co 
sideration  of  the  sum  of  ,  in  hand  paid  y  the  said  party  of  ■-  •» 
second  part,  the  receipt  whereof,  is  hereby  acknowledged,  ha¬ 
ir  ran  ted,  bargained,  sold,  remised,  released,  and  forever  quit- 
'  claimed,  and  by  these  presents  do-  grant,  bargain,  sell,  remise, 
release,  and  forever  quitclaim,  unto  the  said  party  of  the  second 
part,  heirs  and  assigns,  all  interest  in  and  to  a  certain 
tract  of  land  or  lot  of  ground,  situate,  lying  and  being,  m  the 
,  and  bounded  as  follows,  to  wit:  (Here  describe  the  premi¬ 
ses,  particularly  setting  forth  the  metes  and  bounds,  &c.l 

To  have  and  to  hold  the  aforesaid  tract  of  land,  oi  lot  ot 
ground,  together  with  all  and  singular  the  rights,  profits,  tene¬ 
ments,  hereditaments,  and  appurtenances  thereunto  belong¬ 
ing  or  in  any  wise  thereunto  appertaining,  to  the  only  proper 
use,  benefit  and  behoof  of  the  said  party  of  the  second  part, 
heirs  and  assigns  forever.  And  the  said  party  of  the  first  pail 
do—  covenant  to  and  with  the  said  party  of  the  second  part, 
that  -he-  will  forever  warrant  and  defend  the  said  tract  ot  land 
from  the  claim  of  ,  the  said  party  of  the  first  part,  heirs 
and  assigns,  and  against  the  claim  or  claims  of  any  other  per¬ 
son  or  persons  whomsoever.  ,  , 

In  testimony  whereof,  the  pjrty  of  the  first  part  ha—  here- 
unto  sot  -  hand-  and  seal-,  the  day  and  yetrf fin .above  men¬ 
tioned.  .  J  G-  £L-  &-J>  , 

Signed,  sealed  and  delivered,  ) 
in  presence  of  ) 

N 


8Ctffl£  »  lb  fi/ V  tut  CWUL  ps*  - - - -  v  - 

Irr  ’  jecL  or  verson.  JVc  have  given  one  form  of  an  an <  now- 
leu* -me  it ,  (with  the  proof  where  necessary,)  which  may  oe  made 
to  rail  the  case  intended.  Seepage  141 . 


in  presence  of  , 

•f  ote  . The  acknowledgement  of  Deeds oj  every  of  kind,  is  the 

>t,  with  the  exception  of  the  variation  to  identify  each  particu- 


CONVEYANCING 


J.06 

Quitclaim  deed. 

Know  all  men,  Sec.  that  f,AB,  of,  Sec.  in  consideration  of 
the  sum  of  ,  to  me  paid  by  C  D,  of,  &c.  the  receipt  where¬ 
of,  I  hereby  acknowledge,  have  remised,  released,  aud  forever 
quitclaimed,  and  do  by  these  presents  remise,  release  and  for¬ 
ever  quitclaim  unto  the  said  C  D,  his  heirs  and  assigns  fore¬ 
ver,  (here  insert  the  premises.)  To  have  and  to  hold  the  same, 
together  with  all  toe  privileges  and  appurtenances  thereunto 
belonging,  to  him  the  said  C  D,  his  heirs  and  assigns  forever., 
In  witness,  &,c. 


Mortgage  deed. 

Know  all  men  by  these  presents,  that  I,  A  B,  of  ,  in  con¬ 
sideration  of  the  sum  of  ,  lawful  money,  paid  to  mo  by  O 
D,  the  receipt  whereof,  I  do  hereby  acknowledge,  do  hereby 
give,  grant,  bargain,  sell  and  convey  unto  the  said  C  D  his 
heirs  and  assigns  forever,  (here  insert  the  premises.)  To  have 
and  to  hold  the  said  granted  and  bargained  premises,  with  the 
privileges  and  appurtenances  thereof,  to  the  said  U.  D,  his 
heirs  and  assigns,  to  his  and  their  use  and  behoof,  forever. 
And  f,  the  said  A  B,  for  myself,  my  heirs,  executors  and  ad¬ 
ministrators,  do  covenant  to  and  with  the  said  C  D,  his  heirs 
and  assigns,  that  I  am  lawfully  seized  in  fee  of  the  premise&j 
that  they  ape  free  of  all  incumbrances;  that  I  have  a  good  right 
to  sell  and  convey  the  same  to  the  said  C  D,  to  hold  as  afore¬ 
said,  and  that  I  will  warrant  and  defend  the  same  to  the  said 
C  D,  his  heirs  and  assigns  forever,  against  the  lawful  claims  of 
all  persons.  Provided  nevertheless,  that  if  I,  the  said  A  B, 
my  heirs,  executors  or  administrators,  shall  well  and  truly  pay 
to  the  said  C  D,  his  heirs,  executors,  administrators  or  assigns, 
the  just  and  full  sum  of  ,  on,  or  before  the  day  of 

noxt,  (or  which  will  be£n  the  year  of  our  Lord  ,  with  law¬ 

ful  interest  for  the  same  until  paid;  then  this  deed  [as  also  a 
certain  bond,  (or  note  as  the  case  may  be)  bearing  even  date 
with  these  presents,  given  by  me  to  the  said  C  £),  conditioned 
to  pay  the  same  sum  and  interest  at  the  time  aforesaid,]  shall 
be  void  ;  other wi$es<&c. 

In  witness  whereof,  &c. 

A  ■. 

Mortgage. 

»  't  *• 

This  indenture,  made  this  day  of  ,  in  the  year  of  our 
Lord,  one  thousand,  eight  hundred  and  ,  between  ,  of 
county,  state  of  ,  of  the  one  part;  and  ,  of  the  same 
county  and  state,  of  the  other  part,  Wituesseth:  tl  at  the  said 

.  for  and  in  consideration  ot  the  sunn  of  ,  current  money 


CONVEYANCING. 


1  vV 


of  the  United  States,  to  in  hand  paid  by  the  said  ,  at. 
and  before  tl.e  sealing  and  delivery  ot  these  presents,  the  re 
ceipt  whereof  is  hereby  acknowledged;  ha  green,  gr. 
ed,  bargained,  sold,  aliened,  enfeoffed  and  confirmed  and  by 
these  presents  do-  give,  grant,  bargain,  sell,  alien,  enfe°*> 

firm,  release  and  convey  unto  the  said  ,  and  heirs  an 

assigns  forever,  all  that  lot  or  parcel  of  land,  lying  and  bei  g. 
sitaate  in  the  ,  bounded  as  follows,  to  wit.  ■ 

with  all  houses,  out  houses  and  other  improvements  thereto  si¬ 
tuate  and  being,  with  all  and  singular  the  1'ereditameuts, 
rights,  titles  and  advantages  to  the  same  legally  bek.ng.rpp 
To  have  and  to  hold  the  said  lot  or  parcel  of  land,  with  all  and 
singular  the  premises  to  the  same  belonging  or  appertaining, 
from  the  said  ,  to  the  said  ,and  beirs  and  assigns 

to  and  their  only  proper  use,  benefit  and  behoof  fort 
tendered,  however,  upon  this  condition:  That  .1  the  above 
named  do  well  and  truly,  without  defalcation,  content 
nay,  satisfy  and  discharge  promissory  note-o  band, given 
L5’  outlie  day  of  ,  to  the  said  ,  that  is  to  say: 
(here  set  out  the  amount  and  time  of  payment,  with  the  date 
notes.)  It  being  understood  and  agreed  by,  and  between  the 
parties  aforesaid,  that  if  the  said  shall  well  and  truly  dis¬ 
charge  said  notes,  agreeably  to  the  true  intent  and  meaning  oi 
the  same;  that  then  this  indenture  and  every  part  thereol,  l* 
to  be  null  and  void;  otherwise,  &g. 

Endorsement  of  .certificate  of  recording.. 

-Recorder's  office,  August  ,13 
This  is  to  certify,  that  the  within  mortgage,  or  deed  from 
to  was  received  on  the  »  and  record ed  on  v 

in  book  N,  page-  .  M  D>  Rec '  R‘  c* 

peed  of  trust. 

This  indenture,  made  and  entered  into,  this  day 
€>f  ,  in  the  year  18  ,  between  A.,  of  the  county  of, 

and  state  of  Illinois,  of  the  one  part,  and  B.,  of  the  same 
county  and  state,  of  the  other  part,  Witnesseth:  That 
the  said  A.,  in  consideration  of  the  special  trust  and  con¬ 
fidence  reposed  in  the  said  B.,  the  covenants  herein  af¬ 
ter  mentioned,  and  the  sum  of  $  ,  to  the  said  A« 

paid,  by  the  said  B.,  the  receipt  whereof  is  hereby  ac¬ 
knowledged,  has  granted,  bargained  and  sold,  and  by 
these  presents  does  grant,  bargain  and  sell  unto  the  said 
B.,  all  the  right,  title,  interest  and  claim,  which  the  saief 
O 


V, 


Jt 


•OxVVEYANCLYd. 


^ 7 1 58 

i 

r ?£'  -  » 

purtenanees,  thereunto  in  S-  \  P,nvl,eSes  ancl  ap- 

»“  a. WRSKS'SSSBr  *• 

hefein  «ite,  Wd.rri,  ;,,„ 

non-  in  Hpf-,.,1*  •’. nt  tne  time  specified  in  the  said  note- 
the  said  A.  hereby^  thT*  S°  *°  *1®  made  as  aforesaid’ 

b:>  *0  irra  s  s1 

^afc^,ibed’  rd  hpose  “X 

nearest  newspaper,  to  tl.fhighesTand'tet  bidder  f^ 
ready  money,  and  to  apply  the  proceeds  of  said  s^’  V 

and  all  costs  and  expenses  attend;™  ‘  S  _  U  ,’°,e> 
«nd  -sale,  to  pay  the  same  to  the  said  a/  And  "the  Mid 
fa-,  upon  making  sale  as  aforesaid,  is  hereby  a„thnW«  J 

£ Str \  ^  ‘rUSt  of  sel,‘nS,  to  execute  and  deli 

&aid  A.  might  or  could  do.  But  should  c. ‘ f  the 
and  satisfy  the  said  note  to  the  «uid  C  *r  A*  P?y 

of  no  effect ;  otherwise,  Sic.  d 

In  testimony,  Sic.  '  A‘ 

Trustees  Deed. 

t  ^hettf  ^ 

nf  an'J  State  of  Iilinois>  °f  the  one  part,  andT ’  of 


JitLfcS  OF  EXCHANGE. 


163 


- 

Foreign  bill  of  exchange. 

No.  1.  AL 

Galena,  1st  May2  1830. 

Exchange  for  $500. 

AMcn  days  after  sight,  (or  “ninety  days  after  date,”) 
pay  th  is  my  first  bill  of  exchange,  (second  and  third  of 
the  same  tenor  and  date,  not  paid,)  to  Messrs.  C.  and  D., 
or  order,  (or  “bearer,,’)  five  hundred  dollars,  value  re¬ 
ceived  of  them,  and  place  the  same  to  account,  as  per 
adv  ice  from  A. 

To  Mr.  B.,  in  Quebec,} 

Payable  at  Havanna.y 

Protest  of  inland  bill,  for  non-payment. 

Know  all  men  by  these  presents,  that.  I,  G.,  on  the 
day  of  ,  at  the  usual  place  of  abode  of  the  said 
B.,  have  demanded  payment  of  the  bill,  of  which  the  a- 
bove  is  a  copy,  which  he  the  said  B.  did  not  pay,  where¬ 
fore,  I  the  said  G.,  do  hereby  protest  the  said  bill.  Dat¬ 
ed  this  day  of 

G.,  Notary  Public . 

Protest  of  a  foreign  bill,  for  non-paynient. 

On  this  day,  tire  4th  of  July,  An  the  year  183@, 
at  the  request  of  C.  and  D.,  bearers  of  the  original  bill  of 
exchange,  whereof  a  true  copy  is  hereto  annexed,  I,  G. 
of  Natchez,  notary  public,  duly  qualified,  did  exhibit 
the  said  bill  to  Mr.  B.  for  payment,  which  he  did  not 
pay. 

Y\  herefore,  I  the  said  notary,  at  the  request  aforesaid, 
have  protested,  and  by  these  presents  do  solemnly  pro¬ 
test,  as  well  against  the  drawer,  accepter,  and  endors¬ 
ers  of  the  said  bill  of  exchange,  as  against  all  others 
wl  om  if  may  concern,  for  exchange,  re-exchange,  ar  d 
all  costs,  charges,  damages  and  interest  suMh red,  and  tto 


be  suffered  for  want  of  payment  of  the  said  original  hill. 

Done  at  ,  this  day  of  .  W itness  my  hand  and 
seal,  &c.  G.„  Rotary  Public . 

Note. — A  protest  for  non-acceptance  is  very  similar  to  that 
for  non-payment  of  a  bill.  It  should  be  written  on  the  bill  it 
self,  or  some  paper  thereto  attached,  or  on  a  copy  of  the  bill. 
It  should  state,  that  “the  bill  has  been  presented  for  accept¬ 
ance,  which  was  refused,  and  the  reason  why,  and  that  the 
holder  intends  to  recover  all  damages,  expenses,  &c.  which  he 
or  any  other  party  to  the  bill,  may  sustain  on  account  of  non- 
acceptance.”  (Chitty  on  bills,  p.  229.) 

Single  note  of  hand  with  a  seal. 

-  days  after  date,  I  promise  to  pay  C.  D.,  or 

bearer,  (or  order,)  dollars  and  cents,  for  va¬ 
lue  received.  A.  B. 

Galena,  Nov.  ,18  . 

Joint  and  several  note  of  hand,  without  a  seal. 

Twelve  months  (or  days,)  after  date,  we  joint¬ 

ly  and  severally  promise  to  pay  C.  D.,  or  order,  (or, 
bearer,)  for  value  received,  one  hundred  dollars. 

A.  B. 


E.  F, 


Galena,  Dec.  2,  1830. 


Due  bill. 

Due  C.  D.,  for  value  received,  dollars  and 
cents.  ^ 

Galena,  Dec.  2,  1830, 

*  -» 

■  •».  i. 


w 


", 

4 


A.  B, 


ERRATA. 


f 

PAGE  5.  Form  of  certificate  of  good  moral  character,  to 
be  produced  to  the  judge,  before  granting  the  licence:  it 
should  read,  “in  the  county  commissioners’  court,  term, 
A.  D.  ,”  instead  of,  “in  the  Circuit  Court,  term! 
A.  D. 

Page  148.  In  the  complaint  to  procure  a  state  warrant, 
the  value  of  the  property  stolen,  a  description  of  it,  and  the 
name  of  the  owner,  ought  to  be  inserted,  if  known.  The 
warrant  also,  should  follow  the  complaint,  in  the  value  of  the 
property,  the  description  of  it,  and  the  name  of  the  owner,  if 
known. 

Page  149.  The  mittimus  should,  with  certainty  and  pre¬ 
cision,  recite  the  act  of  the  offender,  as  in  the  warrant;  and 
class  the  offence  among  its  proper  species.  Same  page:  the 
recognizance  to  be  taken  by  the  justice,  (if  the  offence  is 
bailable)  requires  as  much  particularity  in  the  description 
and  value  of  property,  as  the  process  in  the  previous  proceed¬ 
ings.  The  recognizance  and  mittimus  should  mention  that 
the  defendant,  from  what  appeared,  was  probably  guilty  of 
the  offence,  (for  which  he  bad  been  apprehended,)  reciting 
it  with  reasonable  certainty. 

Page  154.  The  coroner,  after  reciting  the  verdict  of  the 
inquest,  should  certify  what  disposition  was  made  of  the  body 
of  the  deceased,  or  in  what  manner  buried,  and  the  necessa¬ 
ry  expenses  incurred  by  the  funeral;  and  certify  the  same  to 
the  circuit  court,  of  the  county  in  which  the  inquest  shall 
have  been  held.  The  inquest  can  only  be  held  in  the  coun¬ 
ty  in  which  the  body  was  found,  and  if  found  without  the  li¬ 
mits  of  any  organized  county,  then  the  inquest  shall  be  held 
in  the  county  to  which  that  portion  of  country  wherein  the 
body  was  found,  is  attached  for  county  purposes. 

ftZjrln  pr  inting  off  this  work ,  in  most  instances ,  the  caption ,  or 
heading  to  writs  and  bonds ,  are  omitted ,  as  also  the  attestation  of 
the  judge,  by  the  clerk ;  as  printing  them  at  length ,  would  take 
up  too  much  room ,  and  prevent  the  publisher's  complying  with 
his  promise  in  the  proposals.  See  note  at  the  bottom  of  page  74, 


appendix. 


Duties  of  a  Justice  of  the  Peace,  arising  under  the  Laws  c* 
the  United  States,  with  extracts  from  such  of  the  Acts  of  Con¬ 
gress,  as  are  of  primary  importance  to  the  public  officers  and 
citizens,  generally,  of  Illinois,  and  the  adjacent  States  ana 
Territories;  with  a  variety  of  useful  forms  applicable  to  those 
laws,  compiled  from  such  books  of  practice  only,  as  are  said  to 
contain  the  most  approved  precedents;  with  notes  of  reference, 
in  all  cases,  where  they  may  be  deemed  necessary. 

Of  Fugitives  from  Justice. 


[See  2  vol.  Laws  U.  S.  page  331,  Bioren  and  Duane’s  edition; 
and  Gordon’s  Digest,  Laws  U.S.page  554. J 

1.  Whenever  the  executive  authority  of  any  state  in  the 
union,  or  of  either  of  the  territories  northwest  or  south 
of  the  river  Ohio  shall  demand  any  person  as  a  fugitive 
from  justice,  of  the  executive  authority  of  any  euch 
state  or  territory  to  which  such  person  shall  have  tied, 
and  shall,  moreover,  produce  the  copy  of  an  indictment 
found,  or  an  affidavit  made,  before  a  magistrate  of  any 
such  state  or  territory,  charging  the  person  so  demand¬ 
ed  with  having  committed  treason,  felony,  or  other 
crime,  certified  as  authentic  by  the  governor  or  chief  ma¬ 
gistrate  of  the  state  or  territory  from  whence  thepersoa 
go  charged  fled,  it  shall  be  the  duty  of  the  executive 
authority  of  the  state  or  territory  to  which  such  person 
shall  have  fled,  to  cause  him  or  her  to  be  arrested  and 


APPENDIX, 


secured,  and  notice  of  the  arrest  to  be  given  to  the  exe¬ 
cutive  authority  making  such  demand,  or  to  the  agent 
of  such  authority  appointed  to  receive  the  fugitive,  and 
cause  he  fugitive  to  be  delivered  to  such  agent  when 
he  shad  appear:  But  if  no  such  agent  shall  appear 
within  six  months  from  the  time  of  the  arrest,  the  pris¬ 
oner  may  be  discharged.  And  all  costs  or  expenses  in- 
curred  in  the  apprehending,  securing,  and  transmitting 

CVUf  i'i'i  °  t  ie  state  or  territory  making  such  de¬ 
mand,  shall  be  paid  by  such  stale  or  territory. 

2.  Any  agent  so  appointed,  who  shall  receive  the  fu¬ 
gitive  into  lus  custody, shall  be  empowered  to  transport 
him  or  her  to  the  state  or  territory  from  which  he  or 
Aie  shal!  have  fled.  And  if  any  person  or  persons  shall, 
by  force,  set  at  liberty,  or  rescue  the  fugitive  from  such 
agent  while  transporting  him  or  her,  as  aforesaid,  the 
person  or  persons  so  offending,  shall,  on  conviction,  he 
fined  not  exceeding  five  hundred  dollars,  and  be  im- 
prisoned  not  exceeding  one  year. 


Of  Fugitives  from  Service . 


[See  2  vol.  WsU.  S  page  331,  Bioren  and  Duane’s  edition- 
and  Gordon  s  Digest,  Laws  U.  S.  page  555.] 


1.  No  person  held  to  service  °r  labor,  m  one  state,  un- 
df  r  the  laws  thereof,  escaping  into  another,  shall,  in 
consequence  of  any  law  or  regulation  therein,  be  dis¬ 
charged  from  such  service  or  labor,  hut  shall  he  deliv- 

larhor"P  ""‘I  T  °f  the  Part*  t0  "hom  -^ch  service  or 
labor  may  be  due. 

n.2;  VVheH  any  person  held  to  labor  in  any  of  the  United 
otates,  or  in  either  of  the  territories  on  the  northwest  or 
south  of  the  river  Ohio,  under  the  laws  thereof,  slial' 
escape  into  any  otherofthe  said  states  or  territories,  the 
person  to  whom  such  labor  or  service  may  he  due  his 
agent  or  attorney,  is  hereby  empowered  to  seize  or  ar¬ 
rest  such  fugitive  from  labor,  and  to  take  him  or  her  be- 
■  c  anJ’  Judge  of  llie  circuit  or  district  court  of  the 


APPENDIX* 


United  States,  residing  or  being  within  the  state,  or  be¬ 
fore  any  magistrate  of  a  county,  city,  or  town  corporate, 
wherein  such  seizure  or  arrest  shall  be  made,  and  upon 
proof,  to  the  satisfaction  of  such  judge  or  magistrate, 
either  by  oral  testimony  or  affidavit  taken  before,  aiul 
certified  by,  a  magistrate  of  any  such  state  or  territory, 
that  the  person  so  seized  or  arrested,  doth,  under  the 
laws  of  the  state  or  territory  from  which  he  or  she  fled, 
owe  service  or  labor  to  the  person  claiming  him  or  her, 
it  shall  be  the  duty  of  such  judge  or  magistrate  to  give 
a  certificate  thereof  to  such  claimant,  his  agent  or  at¬ 
torney,  which  shall  be  a  sufficient  warrant  for  removing 
the  said  fugitive  from  labor,  to  the  state  or  territory 
from  which  he  or  she  fled. 

3.  Any  person  who  shall  knowingly  and  willingly  ob¬ 
struct  or  hinder  such  claimant,  his  agent  or  attorney,  in 
so  seizing  or  arresting  such  fugitive  from  labor,  or  shall 
rescuesuch  fugitive  from  such  claimant, his  agent  or  at¬ 
torney,  when  so  arrested,  pursuant  to  the  authority 
herein  given  or  declared:  or  shall  harbor  or  conceal 
such  person,  after  notice  that  he  or  she  was  a  fugitive 
from  labor,  as  aforesaid,  shall,  for  either  of  the  said  of¬ 
fences,  forfeit  and  pay  the  sum  of  five  hundred  dollars. 
Which  penalty  may  be  recovered  by  and  for  the  benefit 
of  such  claimant,  by  action  of  debt,  in  any  court  proper 
to  try  the  same;  saving,  moreover,  to  the  person  claim¬ 
ing  such  labor  or  service,  hisright  of  action  for,  and  on 
account  of,  the  said  injuries,  or  either  of  them.* 

Of  the  proof  necessary  to  authorize  a  justice  of  the  peace 
to  issue  a  warrant  for  the  removal  of  a  fugitive  from  service, 
from  this  state;  to  the  state  or  territory  from  which  he  or  she  fled . 

1.  If  the  owner  or  claimant,  of  such  fugitive,  should  not  pro  ¬ 
duce  oral  testimony  in  support  of  his  or  her  claim  to  the  ser- 

*  It  has  been  decided  by  the  supreme  court  of  Pennsylva¬ 
nia,  that  if  a  female  slave  escape  from  Maryland  into  Penn¬ 
sylvania,  and  become  pregnant  there,  and  be  delivered  of  a 
bastard  child,  such  child  is  born  free.  The  person  escaping 
and  not  the  issue,  being  included  in  the  act  of  congress,  (if 
Sergt.  Si  Rawle,  30(h) 


4 


APPENDIX. 


vices  of  such  person,  an  affidavit  to  the  following  effect,  taken 
oefore,  and  certified  by,  some  magistrate  of  the  state,  or  terri¬ 
tory,  in  which  such  claimant  resides,  will  be  necessary. 


State  of 
County  of 


To  all  whom  it  may  concern * 

I,  A.  B.  a  justice  of  the  peace,  in,  and  for  the  county 
,  and  state  of  do  hereby  certify  that  this 
day,  to  wit,  the  day  of  A.  D.  18  ,  per¬ 

sonally  came  before  me,  C.  D.  and  E.  F.  of  the  said 
county  and  state,  and  made  oath,  that  they  were  well 
acquainted  with  G.  the  slave  (servant  or  apprentice')  of 
J.  R.  of  the  said  county  and  state;  who  is  said  to 
have  escaped  from  the  service  of  the  said  J.  R.  and 
fled  into  the  state, of  ;  that  the  proper 

name  of  the  said  slave  (servant  or  apprentice'*  is  G., 
that  he  is  a  person  of  about  years  of  age,  about  * 

inches  in  height,  and  of  a  complexion; 
(with  such  other  particular  description  as  may  b'* 
deemed  necessary)  and  that  the  said  negro  (servant  o. 
apprentice)  owes  labor  or  service  to  the  said  J.  R.  in 
the  county  and  state  aforesaid. 

Given  under  my  hand  and  seal,  at  in  the  coun¬ 
ty  of  and  stale  of  this  day  of  A.  D. 

18  and  of  the  independence  of  the  United  States,  the 

A.  B.  Justice  of  the  Peace, 
[Seal.]  county  of 

state  of 

2.  If  a  certificate  of  the  foregoing  description  should  not  he 
produced  by  the  claimant,  it  will  become  necessary  for  him  or 
her  to  establish  his  or  her  claim  to  the  services  of  the  fugitive, 
by  oral  testimony,  to  the  satisfaction  of  the  justice,  which  in 
tb'  general  should  be  reduced  to  writing  for  the  justification 
of  t:  e  magistrate,  and  the  better  to  provide  against  imposition 
by  suborned  witnesses;  in  which  case  the  following  form  of  an 
affidavit  may  be  adopted. 


appendix. 


V 


State  of  Illinois,)  sc ^ 

County  of  J  ,  .  .  i 

This  day  personally  came  before  me  the  undersigned  > 

an  acting  justice  of  the  peace,  in  and  for  the  county, 
and  state  aforesaid,  C.  D.  and  E.  F.  of  the  County  ot 
and  state  of  ,  and  made  oath  that  they 

were  well  acquainted  with  G.  the  slave  (servant  or  ap¬ 
prentice)  of  J.  R.  of  the  said  county  of  ,  and  state 

0f  •  who  has  this  day  been  arrested  and  brought 

before  me;  that  the  proper  name  of  the  said  slave  (ser¬ 
vant  or  apprentice)  is  G.;  that  he  is  a  person  o  about 
years  of  age;  about  feet,  inches  in  heignt, 
and  of  a  complexion  (with  such  other  particular 
description  as  may  be  deemed  necessary ;)  and  that  the 
said  negro  (servant  or  apprentice)  owes  labor  or  service 
to  the  said  J.  R.  in  the  said  state  of  according 

to  the  laws  thereof.  r 

Given  under  my  hand  and  seal,  at  the  county ;oi  ^ 

and  state  of  Illinois,  this  day  of  A.  D.  U 

and  of  the  independence  of  the  United  States  the 

A.  B .  J  ustice  of  the  Peace, 
j-geal(j  county,  state  of  lllinios. 

3  If  the  justice  of  the  peace  should  be  satisfied,  from  the 
proof,  that  the  claimant  is  entitled  to  the  services  of  the  fugi¬ 
tive,  he  will  issue  his  warrant  to  the  claimant  in  the  follow  0 

form.  - 


set. 


tate  of  Illinois,) 

lounty  of  ) 

To  all  whom  it  may  concern . 

Whereas  J.  R.  of  the  county  of  ,  and  state  ot 

,  has  produced  satisfactory  proof,  to  me  the  un¬ 
signed,  a  justice  of  the  peace, in,  and  for  the  county 
f  and  state  of  Illinois,  in  conformity  with  the 

ct  of  congress,  entitled  “an  act  respecting  fugitives 
om  justice,  and  persons  escaping  from  the  service  ot 
leir  masters,” approved, February  12,  1793;  that  G.  a 
egro  man  (servant or  apprentice)  aged  about  years, 

bout  feet,  inches  in  height,  and  ot  a 

omplexion  (with  such  other  description  as  may  be  con- 

1* 


APPENDIX* 


6 


tamed  in  the  proof,)  and  who  hath  been  lately  arrested 
in  the  said  county  of  and  state  of  Illinois,  and 
brought  before  me,  is  a  fugitive  from  the  said  J.  R.  in 
the  said  county  of  ,  and  state  of  ,  and  that 
the  said  J.  R.  under  the  laws  of  the  said  state  of 
is  entitled  to  the  labor  or  service  of  the  said  G.  I  do 
t  erefore,  in  pursuance  of  the  power  vested  in  me, 
,  e  ®kove  recitec*  act  °f  congress,  authorize  the 
said  J.  R.  (his  agent  or  attorney)  to  remove  the  said  G. 
to  the  said  county  of  ,  and  state  of  ,  from 

whence  he  fled;  and  for  so  doing,  this  shall  be  his  suffi¬ 
cient  warrant 

Given  under  my  hand  and  seal,  at  in  the  coun- 

ty  ot  and  state  of  Illinois,  this  day  of 

A.  D.  18  andoftheindependenceof  the  United  States, 

•  A.  B.  Justice  of  the  Peace 
[Seal.]  county,  state  of  Illinois. 


Naturalization . 

The  laws  on  this  subject  have  undergone  considerable  mu¬ 
tations  since  the  adoption  of  the  constitution  of  the  United 
States;  the  following  presents  a  condensed  view,  of  the  most 
important  provisions,  now  in  force,  as  compiled  in  Gordon’s 
new  Digest  of  the  laws  of  the  United  States,  at  page  270. 

Congress  shall  have  pow  er  to  establish  an  uniform 
rule  of  naturalization. 

The  power  ot  naturalization  is  exclusively  vested  in 
congress. 

Any  alien,  being  a  free  white  person,  may  be  admit¬ 
ted  to  become  a  citizen  of  the  United  States,  or  any  of 
them,  on  the  following  conditions,  and  not  otherwise: 

1.  That  he  shall  have  declared,  on  oath  or  affir¬ 
mation,  before  the  supreme,  superior,  district,  or  cir¬ 
cuit  court,  of  some  one  of  the  states,  or  of  the  territo¬ 
rial  districts  of  the  United  States,  or  a  circuit  or  dis¬ 
trict  court  of  the  United  States,  or  before  the  clerk  of 
eitoer  of  such  courts,  two  years  at  least,  before  his  ad¬ 
mission,  that  it  was  bona  fide,  his  intention  to  become  a 


APPENDIX. 


4 


citizen  of  the  United  States,  and  to  renounce  forever 
all  allegiance  and  fidelity  to  any  foreign  prince,  poten¬ 
tate,  state,  or  sovereignty,  whatever,  and  particularly, 
by  name,  the  prince,  potentate,  state,  or  sovereignty, 
\v hereof  such  alien  may,  at  the  time,  be  a  citizen  or  sub¬ 
ject.  ,  . 

2.  From  this  condition  is  exempted,  any  alien,  being  a 

free  white  person,  who  wras  residing  writhin  the  limits 
and  under  the  jurisdiction  of  the  United  States  at  any 
time  between  the  eighteenth  day  of  June  1793,  and  the 
fourteenth  day  of  April  1802,  and  wrho  has  continues 
to  reside  within  the  same. 

3.  Any  alien,  being  a  free  white  person  and  a  minor, 
under  the  age  of  twenty-one  years,  who  shall  ha  ye  re¬ 
sided  in  the  U.  States  three  years  next  preceding  his  ar¬ 
rival  at  the  age  of  twenty-one  years,  and  who  shall  have 
continued  to  reside  therein  to  the  time  he  may  make 
application  to  be  admitted  as  a  citizen  thereof,  may, 
after  he  arrives  at  the  age  of  twenty-one  years,  and 
after  he  shall  have  resided  five  years  within  the  United 
States,  including  the  three  years  of  his  minority, 
be  admitted  a  citizen  of  the  United  States,  with¬ 
out  having  made  the  declaration  required  in  the 
first  condition  of  the  first  section  of  the  act  to 
which  this  is  in  addition  (section  1)  three  years  pre¬ 
vious  to  his  admission:  But,  such  alien  shall  make  the 
declaration  required  therein,  at  the  time  of  his  or  hei 
admission ;  and  3hall  further  declare,  on  oath,  and  prove 
to  the  satisfaction  of  the  court,  that,  for  three  years  next 
preceding,  it  has  been  the  bona  fide  intention  of  such 
alien  to  become  a  citizen  of  the  United  States;  and 
shall,  in  all  other  respects,  comply  with  the  laws  in  re¬ 
gard  to  naturalization. 

4.  When  any  alien,  who  shall  have  complied  with 
the  condition  specified  in  section  1,  shall  die,  before 
he  is  actually  naturalized,  the  widow  and  the  children 
of  such  alien  shall  be  considered  as  eitizens  of  the 
United  States;  and  shall  be  entitled  to  all  rights  and 
privileges  as  such,  upon  taking  the  oaths  prescribed  by 
law. 


8 


APPENDIX. 


5.  An  alien  shall, at  thetimeof  hisnpplication  tobead- 
mitted,  declare,  on  oath  or  affirmation,  before  some  one 
ofthe  courts  aforesaid,  that  he  will  support  the  consti¬ 
tution  of  the  United  States,  and  that  he  doth  absolutely 
and  entirely  renounce  and  abjure  all  allegiance  and  fi¬ 
delity  to  every  foreign  prince,  potentate,  state,  or  sove¬ 
reignty,  whatever,  and  particularly, by  same,  the  prince, 
potentate,  state,  or  sovereignty,  whereof  he  was  before 
a  citizen  or  subject;  which  proceedings  shall  be  record¬ 
ed  by  the  clerk  of  the  court. 

6.  The  court  admitting  such  alien, shall  be  satisfied  that 
he  has  resided  within  the  U.  States  five  years,  at  least, 
and  within  the  state  or  territory  where  such  court  is 
at  the  time  held,  one  year  at  least;  and  it  shall  further 
appear  to  their  satisfaction,  that,  during  that  time,  he 
has  behaved  as  a  man  of  a  good  moral  character,  at¬ 
tached  to  the  principles  of  the  constitution  ofthe  United 
States,  and  well  disposed  to  the  good  order  and  happi¬ 
ness  of  the  same:  The  oath  ofthe  applicant  shall,  in  no 
case,  he  allowed  to  prove  his  residence. 

7.  In  case  the  alien, applyingto  he  admitted  tocitizen- 
ship, shall  have  borne  any  hereditary  title, or  been  of  any 
of  the  orders  of  nobility,  in  the  kingdom  or  state  from 
which  he  came,  he  shall,  in  addition  to  the  above  requi¬ 
sites,  make  an  express  renunciation  of  his  title  or  order 
of  nobility,  in  the  court  to  which  his  application  shall  be 
made;  which  renunciation  shall  be  recorded  in  the  said 
court:  Provided ,  That  no  alien,  who  shall  be  a  native 
citizen,  denizen,  or  subject,  of  any  country,  state,  or 
sovereign,  with  whom  the  United  States  shall  be  at  war, 
at  the  time  of  his  application,  shall  then  be  admitted  to 
be  a  citizen  of  the  United  States. 

8.  That  any  alien, being  a  free  white  person,  who  was 
residing  within  the  limits,  and  under  the  jurisdiction  of 
the  United  States,  between  the  fourteenth  day  of  April, 
one  thousand  eight  hundred  and  two, and  the  eighteenth 
day  of  June,  one  thousand  eight  hundred  and  twelve, 
and  who  has  continued  to  reside  within  the  same,  may 
be  admitted  to  become  a  citizen  of  the  United  States, 
without  having  made  any  previous  declaration  of  his 


irPENDIX. 


9 


intention  to  become  a  citizen:  Provided ,  That  when¬ 
ever  any  person,  without  a  certilicate  ol  such  declaia- 
tion  of  intention,  shall  make  application  to  be  admitted 
a  citizen  of  the  United  States,  it  shall  be  proved  to  the 
satisfaction  of  the  court,  that  the  applicant  was  residing 
within  the  limits,  and  under  the  jurisdiction  of  the  U. 
States,  before  the  eighteenth  day  of  J une,  one  thousand 
ei"ht  hundred  and  twelve,  and  has  continued  to  reside 
within  the  same,  or  he  shall  not  be  so  admitted :  and  the 
residence  of  the  applicant  within  the  limits,  and  under 
the  jurisdiction  of  the  United  States,  for  at  least  five 
years  immediately  preceding  the  time  of  such  applica¬ 
tion,  shall  be  proved  by  the  oath  or  affirmation  of  citi¬ 
zens  of  the  United  States;  which  citizens  shall  be  named 
in  the  record  as  witnesses:  and  such  continued  resi¬ 
dence  within  the  limits  and  under  the  jurisdiction  of  the 
United  States,  when  satisfactorily  proved,  and  the 
place  or  places  where  the  applicant  has  resided  foF  the 
last  five  years,  as  aforesaid,  shall  be  stated  and  set  forth, 
together  with  the  names  of  such  citizens,  in  the  iccoid 
of  the  court  admitting  theapplicant;  otherwise  the  same 
shall  not  entitle  him  to  be  considered  and  deemed  a 


citizen  of  the  United  States. 

9.  The  children  of  persons  duly  naturalized  under  any 
of  the  laws  of  the  United  States,  or  who,  previous  to  the 
passing  of  any  law  on  that  subject  by  the  government 
of  the  U.  States,  may  have  become  citizens  of  any  one  of 
the  said  states,  under  the  laws  thereof,  being  under  the 
acre  of  twenty-one  years,  at  the  time  of  their  parent’s 
being  so  naturalized  or  admitted  to  the  rights  ofeitizen- 
ship,  shall,  if  dwelling  in  the  United  States,  be  consider¬ 
ed  as  citizens  of  the  United  States;  and  the  children  of 
persons  who  now  are,  or  have  been,  citizens  of  the  U. 
States,  shall,  though  born  out  of  the  limits  and  juris¬ 
diction  of  the  United  States,  be  considered  as  citizens 
of  the  United  States:  The  right  of  citizenship  shall  not 
descend  to  persons  whose  fathers  have  never  resided 
within  the  United  States:  And  no  person  heretofore 
proscribed  by  any  state,  or  who  has  been  legally  con¬ 
victed  of  having  joined  the  army  of  Great  Britain  dur- 


APPENDIX. 


lii 


ing  the  war  of  the  revolution,  shall  be  admitted  a  citi¬ 
zen.  without  the  consent  of  the  legislature  of  the  state 
in  which  such  person  was  proscribed. 

10.  Children  of  persons  naturalized  before  the  14th 
of  April,  1302,  under  age  at  the  time  of  their  parent®, 
naturalisation,  were,  if  dwelling  in  the  United  States  on 
the  fourteenth  of  April,  1802,  to  be  considered  as  citi¬ 
zens  of  the  United  States. 

11.  An  y  alien  who  was  residing  within  the  limits,  and 
under  the  jurisdiction  of  the  United  States,  before  the 
twenty-ninth  day  of  January,  one  thousand  seven  hun¬ 
dred  and  ninety-five,  may  be  admitted  to  become  a  ci¬ 
tizen,  on  due  proof  made  to  some  one  of  the  courts 
aforesaid,  that  he  has  resided  two  years  at  least,  within 
and  under  the  jurisdiction  of  the  United  States,  and  one 
year  at  least,  immediately  preceding  his  application, 
within  the  state  or  territory  where  such  court  is  at  the 
time  held ;  and  on  his  declaring  on  oath,  or  affirmation, 
that  he  will  support  the  constitution  of  the  United 
States,  and  that  lie  doth  absolutely  and  entirely  re¬ 
nounce  and  abjure  all  allegiance  and  fidelity  to  any  for¬ 
eign  prince,  potentate,  state,  or  sovereignty,  whatever, 
and  particularly  by  name,  the  prince,  potentate,  state’ 
or  sovereignty,  whereof  he  was  before  a  citizen  or  sub- 
ject;  and,  moreover,  on  hs  appearing  to  the  satisfac¬ 
tion  of  the  court,  that,  during  the  said  term  of  two 
years,  he  has  behaved  as  a  man  of  good  moral  character, 
attached  to  the  constitution  of  the  United  States,  and 
well  disposed  to  the  good  order  and  happiness  of  the 
same;  and  where  the  alien,  applying  for  admission  to 
citizenship,  shall  have  borne  a  y  hereditary  title,  or 
been  of  any  of  the  orders  of  nobility  in  the  kingdom  or 
stale  from  w  ficb.  he  came,  on  his  moreover  making  m 
the  con rt  an  express  renunciation  of  his  title  or  order  of 
nooilitv,  he » ore  lie  snail  be  entitled  to  such  admission; 
all  of  which  proceedings,  required  in  this  proviso  to  he 
performed  in  the  court,  shall  he  recorded  by  the  clerk 
thereof. 

12.  No  person  who  shall  arrive  in  the  United  States 
after  February  the  seventeenth,  1 315,  snail  be  admitted 


AI'PENDIX. 


n 


to  become  a  citizen  of  the  United  States,  who  shall  rot, 

for  the  continued  term  of  live  years,  next  preceding 

liis  admission,  have  resided  within  the  United  Slates, 

without  being  at  any  time  during  the  said  five  years, 

out  of  the  territory  of  the  United  States. 

«/ 

1.  Declaration,  or  report  of  an  alien  of  his  intention  to  he- 
cornea  naturalized  citizen  of  the  United  States,  prey  ions  to  his 
admission. 

To  the  Honorable  C.  D.  presiding  Judge  of  the  cir¬ 
cuit  court,  in,  and  for  the  county  oi  and  state  of 

Illinois.  «• 

I,  A.  B.  an  alien  horn,  free  white  person,  of  the  age  of 
years,  and  upwards,  do  hereby  in  conformity 
with  the  first  condition,  specified  in  the  first  section  of 
the  act  of  congress,  entitled,  uan  act  to  establish  an  uni¬ 
form  rule  of  naturalization,  and  to  repeal  the  acts  here¬ 
tofore  passed  on  that  subject,”  approved,  the  14th  day 
of  April  1802;  declare,  and  makeki  oyvn  to  the  said  cir¬ 
cuit  court,  now  sitting  in,  ai  d  tor  the  county  and  state 
aforesaid,  that  my  true,  and  proper  name  is  A.  B.; 
that  I  wras  born  in  the  city  of  ,  in  the  county  ot 

,  and  in  the  kingdom  of  ,  on  the 

day  of  ,  A.  D.  ,  and  that  I  am  about 

years  of  age;  that  I  belonged  to  the  nation,  and 

owed  allegiance  to  the  king  of  ;  that  1  migrated 

from  the  port  of  ,  in  the  said  kingdom  of  , 

on  the  day  of  ,  A.  D.  ,  and  larded  at 

the  city  of  ,  in  the  state  of  ,  and  in  the 

United  States  of  America,  on  the  day  of  , 

A.  D.  ;  that  I  have  ever  since  my  first  arrival 

remained  within  the  limits,  and  under  the  jurisdiction 
of  the  said  United  States;  and  that  it  is  bora  fide  my 
intention  to  renounce  forever,  all  allegiance,  and  fideli¬ 
ty,  to  every  foreign  prince,  potentate,  state,  or  sovere- 
ignty  whatever,  and  more  particularly  such  allegiance* 
and  fidelity,  as  I  may  in  anywise  owe  to  the  said  king  of 
,  either  as  a  citizen,  or  subject ;  and  to  become 
a  citizen  of  the  UuitedStates;  and  to  locate  mysel!  for 


APPENDIX. 


V2 


ihe  present  in  the  county  of  and  state  of  Illinois* 
whereof  I  am  now  an  inhabitant;  that  I  do  not  now  en¬ 
joy,  or  possess,  nor  am  I  in  anywise  entitled,  to  any 
order  of  distinction,  or  title  of  nobility,  by  -virtue  of  the 
laws,  customs,  or  regulations  of  the  said  kingdom  of 
,  or  any  other  country;  and  that  I  am  sincerely 
attached  to  the  principles  contained  in  the  constitution 
-of  the  United  States,  and  well  disposed  to  the  good 
order,  tvell  being,  and  happiness  of  the  same;  and  de¬ 
sire  that  this  my  declaration,  and  report,  may  be  accept¬ 
ed,  filed,  and  recorded,  preparatory  to  my  intended  ap¬ 
plication  to  be  admitted  as  a  naturalized  citizen  of  the 
United  States,  in  conformity  with  the  several  acts  of 
congress  heretofore  passed  on  that  subject.* 
Subscribed,  and  sworn  to,  in  open  A.  B. 

court,  this  day  of 

A.  D. 

Attest,  E.  F.  Clerk. 


2.  Form  of  the  oath  to  be  taken  by  an  alien  who  has  previ¬ 
ously  reported  himself,  on  his  applying  to  be  admitted  to  the 
rights  of  citizenship. 

State  of  Illinois,)  , 

County  of  {  Sct' 

I,  A.  B.  do  solemnly  swear  in  the  presence  of  Al¬ 
mighty  God,  that  I  will  support  the  constitution  of  the 


*  The  above  declaration,  and  oath,  may  also  be  made  be¬ 
fore  the  clerk  of  the  supreme,  superior,  district,  or  circuit 
court  of  any  of  the  states,  or  territories,  in  vacation,  as  well  as 
in  open  court;  in  which  case  the  form  should  be  made  to  cor¬ 
respond  with  the  nature  of  the  application;  the  substance,  and 
general  requisites  being  the  same. 

Every  court  of  record  in  any  individual  state,  or  territory, 
having  common  law  jurisdiction,  and  a  seal,  and  clerk,  or  pro- 
thonotary,  will  be  considered  as  a  district  court  within  the 
meaning  of  the  act  of  congress. 

In  case  the  alien  applying  to  be  admitted  to  citizenship, 
shall  have  borne  any  hereditary  title,  or  been  of  any  of  the 
orders  of  nobility  in  the  kingdom,  or  state  from  which  he  came, 
the  above  form  must  be  varied,  so  as  to  make  an  express  renun* 
ciation  of  any  sucb  claim,  or  title  to  distiactioH, 


appendix. 


13 


United  States;  and  that  1  do  absolutely,  and  entirely 
renounce,  and  abjure,  all  allegiance,  and  fidelity,  to 
every  foreign  prince,  potentate,  state,  or  sovereignly 
whatever;  and  more  particularly  the  allegiance,  and 
fidelity,  which  I  in  anywise  owe  to  ,  the 

king  of  the  said  kingdom  of  ,  whereof  I  was  here¬ 
tofore  a  citizen,  or  subject.  A. 

Subscribed,  and  sworn  to,  in  open 
court, this  day  of  A.  D.  13  * 

Attest,  E.  F.  Clerk. 

3.  Form  of  the  affidavit  to  be  made  by  the  witnesses  who 
may  be  called  to  prove  the  residence,  &.C.  of  the  alien,  at  the 
time  of  his  application  for  admission. 

State  of  Illinois,)  gc^ 

County  of  > 

We,  G.  H.  and  J.  R.  of  the  county  of  ,and 

state  of  ,  having  been  first  duly  sworn,  depose, 

and  say,  that  we  have  been  personally  acquainted  with 
A.  B.  an  alien,  who  has  applied  to  be  admitted  as  a  na¬ 
turalized  citizen  of  the  United  States,  for  the  space  of 
five  years  last  past,  and  upwards;  that  during  the  whole 
of  said  time  he  has  continued  to  reside  within  the  limits, 
and  under  the  jurisdiction  of  the  United  States,  and 
one  year  at  least,  in  the  said  state  of  Illinois,  imme¬ 
diately  preceding  the  day  of  the  date  hereof;  and  that 
as  far  as  their  knowledge  and  observation  has  extend¬ 
ed,  he  has  behaved  himself  as  a  man  of  a  good  moral 
character,  and  appears  to  be  attached  to  the  principles 
contained  in  the  constitution  of  the  U.  States,  and  well 
disposed  to  the  good  order,  well  being,  and  happiness 
of  the  same.  »■  ' 

Subscribed, and  sworn  to,  in  open  G.  H. 

court,  this  day  of  A.  D.  13  •  J.  R. 

Attest,  E.  F.  Clerk. 

4.  Form  of  the  order  of  the  court  admitting  such  alien  to  the 
rights  of  citizenship. 

This  day,  personally  appeared  in  open  court,  the 
court  judicially  sitting,  A.  B.  an  alien  born,  free,  white 


14 


APPENDS. 


person,  who  had  heretofore,  to  wit:  on  the  dav 

*„  .  P‘.  .  »  declared  his  intention  to  become 

a  natund'zed  c.hzen  of  the  United  States,  in  conform^ 

^‘an  f  o®  °f c?nSre^  on  that  subject,  and 

paraW 

states,  forat  least  five  years  last  past;  and  one  year  at 
jeas  in  the  state  of  Illinois,  immediately  preceding  th» 
day  of  the  date  hereof;  that  during  the  time  aforesaid 

♦ached  rbe  TVed  aS  -aiman  °f  g°°d  mornl  character,  at-’ 

♦he  Un  ted  ltatrmC,Pf  C°,?‘?ined  in  the  constitution  of 
.  t  nitcd  States,  and  well  disposed  to  the  good  order 

•■ve  1  being,  and  happiness  of  the  same;  and  two  vear<’ 

no‘i  UiPrardS,rhaVlnS  lapsed,  since  the  said  A.  B.  re¬ 
ported  himself,  m  manner,  and  form  as  aforesaid;  it  is 

he  said  A  Th'  h id>  a"d  ordered  by  the  court  that 

S^^,edS““’'"d,ha,,h'"“bi 

mavbe0cSle,lme  ^I1*  ‘°^’e  by  the  witnesses  who 
triay  be  called  to  prove  the  residence,  &c.  of  an  alien  in  cases 

~XT"S  deClarati0n>  °r  "Port  of  hi.  intent”™  to  be! 
of  May,  1828.  15  "nrief  esBar?‘  See  Ac‘  ofCongressof  the  24  th 

Slate  of  Illinois, 

County  ©f 

Wc,  G.  H.  and  J.  R.  of  the  county  of  .  and 

*  ^  been  decided,  that  it  is  not  absolutely  necessary 
chat  there  should  be  an  order  of  court,  admitting  the  alien  to 
become  a  citizen;  nor  that  it  should  appear  by  the  record  of 
naturalization,  t|at  all  the  requisites  presented  by  law  for  the 

of  Mt,Sir°ar0ffa ^ient’  bavebeen  complied  with.  It  is  the  oath 
of  naturalization  when  taken,  which  confers  the  rights  of  citi¬ 
zenship.  See  Campbell  vs.  Gordon  et  al.,  6  Cranch.  176; 

?v^rTCheSTTPeQke  lD9‘  C°*  7  Cranch-  52°J  aDd  Gordon’s 
hugest,  Laws  U.  S.  page  27 4. 


■i 


set. 


APPENDIX.  1  H 

aiaie  oi  ,  and  citizens  of  the  United  States, hav¬ 

ing  been  first  duly  sworn,  depose  and  say,  that  we  are 
personally  acquainted  with  A.  B.  an  alien  born,  free, 
white  person,  who  has  applied  to  be  admitted  as  a  na¬ 
turalized  citizen  of  the  United  States;  that  to  the  best 
of  our  knowledge,  remembrance,  and  belief,  the  said  A. 
B.  was  residing  within  the  limits,  and  under  the  juris* 
diction  of  the  United  States,  before  the  18th  day  of  June 
1812,  and  has  continued  to  reside  within  the  same,  for 
at  least,  live  years,  immediately  preceding  the  day  of 
the  date  hereof;  that  during  the  said  last  five  years, 
the  said  A.  B.  has  resided  at  the  following  named  places, 
to  wit:  the  firat  year,  in  the  county  of  ,  and  state 

of  ,  the  two  years  next  succeeding,  in  the  cou:> 

ty  of  ,  and  state  of  ;  and  the  two  last  years, 

in  the  county  of  ,  and  state  of  ;  that  so  far 

as  their  knowledge  and  observation  has  extended,  the 
said  A.  B.  is  a  man  of  a  good  moral  character,  attached 
to  the  principles  of  the  constitution  of  the  United  States, 
and  well  disposed  to  the  good  order,  well  being,  and 
happiness  of  the  same**  G.  H. 

Subscribed,  and  sworn  to,  in  open  J,  R. 

court,  this  day  of  A.  D.  18 

Attest,  E.  F.  Clerk. 

6.  Final  certificate  of  naturalization,  embracing  all  ti  e  re¬ 
quisites  necessary  to  make  it  autkeutie  as  evidence  in  any  court, 
or  place  in  the  United  States. 

United  States  of  JVorth  America. 


set. 


State  of  Illinois, 

County  of 

Be  it  remembered,  that  heretofore,  to  wit:  on 
the  day  of  ,  in  the  year  of  our  Lord,  one  thou 
sand  eight  hundred  and  .personally  appeared  before 
the  judge  of  the  circuit  court,  in,  and  for  the  county  of  , 
rind  state  of  Illinois,  (the  same  being  a  court  of  record, 
having,  and  exercising  common  law  jurisdiction,  w  ith 

*  TI.  c  same  oath  should  he  made  by  the  alien  on  his  admis¬ 
sion,  as  in  other  cases. 


■ 


1  <i  APPENDIX* 

a  seal,  and  clerk,)  A.  B.  an  alien  born,  free,  white  per¬ 
son,  of  the  age  of  years,  and  upwards,  and  pre¬ 

sented  to  the  said  court  a  written  declaration,  of  his 
intention  to  make  application  to  be  admitted  as  a  na¬ 
turalized  citizen  of  the  United  States,  in  conformity 
with  the  several  acts  of  congress,  on  that  subject,  with 
the  desire  that  the  same  might  be  accepted,  registered, 
and  certified  accordingly;  which  said  declaration  was 
subscribed  by  the  said  A.  B.,  sworn  to  in  open  court, 
before  the  clerk  thereof,  and  is  in  the  words  and  figures 
following,  to  wit: 

To  the  Honorable  C.  D.  presiding  judge  of  the 
circuit  court,  in,  and  for  the  county  of  ,  and  state 
of  Illinois. 

I,  A.  B.  an  alien  born,  free,  white  person,  of  the  age 
of  years,  and  upwards,  do  hereby  in  conformity 

with  the  first  condition,  specified  in  the  first  section  of 
the  act  of  congress,  entitled,  “an  act  to  establish  an 
uniform  rule  of  naturalization,  and  to  repeal  the  acts 
heretofore  passed  on  that  subject, ”  approved  the  14th 
day  of  April,  1802;  declare,  and  make  known  to  the 
circuit  court,  in,  and  for  the  county  of  ,  and  state 

of  Illinois,  that  my  true  and  proper  name  is  A.  B. ;  that 
I  was  born  in  the  city  of  ,  county  of  ,  and 

thekingdomof  , on  the  dayof  A.  D. 

;  and  that  I  am  now  near  years  of  age;  that 

I  belonged  to  the  nation,  and  owed  allegiance  to 

the  king  of  ;  that  I  migrated  from  the  port  of 

,  in  the  said  kingdom  of  ,  on  the 

day  of  A.  D.  ,  and  landed  at  the  city  of 

,  in  the  state  of  ,  in  the  United  States  of 
America,  on  the  day  of  A.  D.  ;  that 

I  have  ever  since  my  first  arrival,  remained  within  the 
limits,  and  under  the  jurisdiction  of  the  said  United 
States ;  and  that  it  is  bona  fide  my  intention  to  renounce 
forever,  all  allegiance  and  fidelity;  to  every  foreign 
prince,  potentate,  state,  or  sovereignty  whatever,  and 
more  particularly  such  allegiance, and  fidelity,  as  I  may 
in  anywise  owe,  to  the  said  king  of  ,  either  as  a 

citizen,  or  subject;  and  to  become  a  citizen  of  the 


tinted  States,  and  to  locate  myself  for  the  present,  in 
the  said  county  of  ,  in  the  stale  of  Illinois,  where¬ 

of!  am  now  an  inhabitant;  that  I  do  not  now  enjoy,  or 
possess,  nor  am  I  in  anywise  entitled,  to  any  order  oi 
distinction,  or  title  of  nobility,  by  virtue  of  the  law  s, 
customs,  or  regulations  of  the  said  kingdom  of  , 

or  any  other  country ;  and  that  I  am  sincerely  attached 
to  the  principles  of  the  constitution  of  the  United  States, 
and  well  disposed  to  the  good  order,  well  being,  and 
happiness  of  the  same;  and  desire  that  this  my  decla¬ 
ration,  and  report,  may  be  accepted,  filed,  and  record¬ 
ed, ‘preparatory  to  my  intended  application,  to  be  ad¬ 
mitted  as  a  naturalized  citizen  of  the  United  States,  in 
conformity  with  the  several  acts  of  congress  heretofore 
passed  on  that  subject. 

Subscribed,  and  sworn  to,  in  open  A.  B. 

court,  this  day  of  A.  JD.  IB 

Attest,  E.  F.  Clerk. 

Whereupon  it  was  ordered  by  the  said  court,  that  the 
said  declaration,  and  report,  be  accepted,  filed,  record¬ 
ed,  and  certified,  and  the  same  was  done  accordingly. 

And  now  at  this  term  of  the  said  circuit  court,  to 
wit:  on  the  day  of  A.  D.  ,  per¬ 

sonally  appeared  in  open  court,  the  court  judicially  sit¬ 
ting,  the  above  named  A.  B.  who  had  heretofore  report¬ 
ed  himself  as  aforesaid,  and  made  application  to  be 
admitted,  as  a  naturalized  citizen  of  the  United  States, 
and  thereupon  took,  and  subscribed  the  following  oath, 
to  wit:  I,  A.  B.  do  solemnly  swear  hi  the  presence  of 
Almighty  God,  that  I  will  support  the  constitution  of 
the  United  States;  and,  that  I  do  absolutely,  and  en¬ 
tirely  renounce,  and  abjure  all  allegiance,  and  fidelity, 
to  every  foreign  prince,  potentate,  state,  or  sovereignty 
whatever;  and  more  particularly  the  allegiance,  and 
fidelity,  which  I  if*  anywise  owe  to  the  , 

king  of  the  said  kingdom  of  ,  whereof  I  was  here¬ 
tofore  a  citizen,  or  subjeet.  A.  B. 

Subscribed,  and  sworn  to,  in  open 
court,  this  day  of  A.  D.  IB 

Attest,  E.  F.  Clerk. 


a* 


it 


APPENDIX,’ 


This  day  also  appeared  in  open  court,  Cr.  H.  and  J, 
K.  of  the  county  of  ,  and  state  of  ,  and  ci¬ 
tizens  of  the  United  States,  who  being  first  duly  sworn- 
depose  and  say, that  they  have  been  personally  acquaint¬ 
ed  with  the  said  A.  B.  for  the  space  of  five  years  last 
past,  and  upwards;  that  during  the  whole  of  said  time, 
e  las  continued  to  reside  within  the  limits,  and  under 
the  jurisdiction  of  the  United  States,  and  one  year  at 
least  in  the  said  state  of  Illinois,  immediately  preceding 
the  day  of  the  date  hereof ;  and  that  so  far  as  their 
knowledge  and  observation  has  extended,  he  has  be- 
haved  as  a  man  of  good  moral  character,  and  appears 
to  be  attached  to  the  principles  of  the  constitution  of 
the  United  States,  and  well  disposed  to  the  good  order, 
well  being,  and  happiness  of  the  same. 

And  the  said  court  being  satisfied,  as  well  from  the 
oath  of  the  said  A.  B.  as  from  the  testimony  of  the  said 
,  H  and  J.  R.,  that  the  said  A.  B.  has  resided  within 
the  limits,  and  under  the  jurisdiction  of  the  United 
States,  for  at  least  five  years  last  past,  and  one  year  at 
least  in  the  state  of  Illinois,  next  preceding  the  day  of 
the  date  hereof ;  that  during  the  whole  of  the  time 
aforesaid,  he  has  behaved  as  a  man  of  a  good  moral 
character,  attached  to  the  principles  of  the  constitution 
ot  the  United  States,  and  well  disposed  to  the  good 
order,  well  being,  and  happiness  of  the  same;  and  tw* 
years  and  upwards  having  elapsed  since  the  said  A.  B, 
reported  himself  in  manner,  and  form  as  aforesaid:  It 
is  therefore  considered,  and  ordered  by  the  court  that 
he  the  said  A.  B.  be  henceforth  admitted  to  all,  and  sin¬ 
gular,  the  rights,  privileges,  and  immunities  of  a  natu¬ 
ralised  citizen  of  the  United  States,  and  that  the  same 
be  certified  accordingly. 

State  of  Illinois,) 

County  of  j  sck 

I,  E.  F.  clerk  of  the  circuit  court,  in,  and  for  the 
county  and  state  aforesaid,  do  hereby  certify,  that  the 
foiegoing  are  true  copies  of  the  original  papers,  records, 
and  proceedings  in  the  premises,  as  they  appear  from 
the  records  now  remaining  on  file  in  my  office,. 


APPENDIX. 


ie 

In  testimony  whereof,  I  have  hereunto 
[L.  S.J  set  my  hand,  and  affixed  the  seal  oi  the 

said  court,  at  my  office,  in  >  this 

day  of  A.  D.  ,  and  of 

the  independence  of  the  United  States, 
the  .  E.  F.  Clerk. 

State  of  Illinois,)  gcL 

circuit.}  *  4 

I,  C.  D.,  judge  of  the  judicial  circuit  of  the 

state  of  Illinois,  and  presiding  judge  of  the  circuit  court, 
in,  and  for  the  county  of  ,and  state  of  Illinois,  do 

hereby  certify,  that  E.  F.  Esq.,  wffiose  name  is  subscri¬ 
bed  to  the  foregoing  certificate,  now  is,  and  was  at  the 
time  of  signing  and'sealing  the  same,  the  clerk  of  the 
said  circuit  court,  and  keeper  of  the  records,  and  seal 
thereof,  duly  appointed,  and  qualified  to  office ;  that  full 
faith  and  credit,  are,  and  ought  of  right  to  be  given  to 
all  his  official  acts  as  such,  in  all  courts  of  record  in  the 
United  States,  and  elsewhere ;  and  that  his  said  attes¬ 
tation  is  in  due  form  of  law  ,  and  by  the  proper  officer. 

Given  under  my  hand  and  seal,  at  ,  this 

[L.S.]  day  of  A.  D.  ,  and  ofthe  in¬ 
dependence  of  the  United  States,  the  • 

C.  D.  Judge  ofthe  judicial  circuit  of  the 

state  of  Illinois, 


V 


cnsions  for  Revolutionary  Services.* 


ict  of  ?hi  1st  March1  ^^Tet  ^t  of  February, 

O  Uicawsolthe  U.  States,  page  GGl.et  seq.) 


Original  Claim. 


to S25  t ettU,e-  “d “rtificta, 

previous  to  his  beinj  placff™  the  Ir? 

visions  of  the  act  of  the  18th  March,  1810.  ^  P 


State  of  Illinois.) 

-  ’>  set. 


County  of 


Circuit  Court, 

r>  \  ,  '  ,  — -Term,  A.  D.  18 

be  it  remembered,  that  on  this  day  of 

A.  D.  ,  personally  appeared  before  the  judge  of  the 

"rnu„tl0'J^ln’a"<l  for  the  county  of  J  ,  aid  state 


exer ^'e  same  being  a  court  of  record,  having^  and 
exercising  common  law  jurisdiction,  unlimited  in  po?nf 
of  amount,  with  a  seal,  and  clerk,)  during  the  sitting  of 
the  said  court,  A.  B.  a  resident  citizen  of  the  said  coun¬ 
ty  and  state,  aged  years;  who,  being  first  dulv 
eworn  according  to  law,  doth,  on  his  oath,  make  the 
following  declaration,  in  order  to  obtain  the  provision 
made  bythe  acts  of  congress  of  the  1 8th  May,  181 8,. and 
the  Is  May,  1820;  that  he,  the  said  A.  B.enlisfedftr 
the  term  of  years,  on  the  day  of  .  A. 


*  The  laws  referred  to  under  this  cantinn  u  . 

persons  disabled  by  known  wounds  received*  during  the^revo0 
lutionary  war,  as  to  such  as  have  from  advanced  aire^and  h!Sn  J 
infirmity,  become  unable  to  support  themselves^ Th/i/  f 
Why  the  form  U  ffiyen  as  embrTcins  a  ^erfthe  Matter  8,.“ 
cription,  ,s,  (hat  they  are  much  than  tie  fomer 


ArrtNmx. 


fcl 

D.  17  ,  at  ,  in  the  stale  of  ,  in  the 

company  commanded  by  captain  C.  D.  in  the  regiment 
commanded  by  colonel  E.  t .  in  the  line  ot  the  state  ot 
,  on  the  continental  establishment;  that  he  con¬ 
tinued  to  serve  in  the  said  corps  against  the  common 
enemy,  until  the  day  of  ,  A.  D.  17  t 

at  which  time  he  was  honorably  discharged  from  the 
service,  at  ,  in  the  state  ot  ;  that  he  hcic 

by  relinquishes  every  claim  whatever  to  a  pension,  ex¬ 
cept  the  present;  that  his  name  is  not  on  the  pension 
roll  of  any  state,  nor  has  any  pension  heretofore  been 
allowed  him;  and  that  the  following  are  the  reasons 
for  not  having  made  earlier  application  for  a  pension, 
to  wit:  (here  state  the  reasons  according  to  the  truth 
of  the  case,  why  application  was  not  sooner  made.) 
My  occupation  is  that  of  ,  but  from  advanced 

age,  and  bodily  infirmity,  I  have  become  unable  to  pur¬ 
sue  it  any  longer,  so  as  to  provide  a  subsistence  for  my¬ 
self  and  family,  which  consists  of  myself,  my  wife,  J. 
B.  aged  years,  and  my  grandson,  J.  K.  aged 
years,  who  have  but  little  capacity  to  contribute  to  our 
support;  and  my  circumstances  have  become  so  indi¬ 
gent,  that  I  am  fearful  that  we  will  not  be  able  to  pro¬ 
vide  ourselves  with  the  common  necessaries  of  life,  un¬ 
less  we  should  he  relieved  by  timely  assistance  from 
my  country.  And  in  pursuance  of  the  act  of  the  1st 
May,  1820,  I  do  solemnly  swear,  that  I  was  a  resident 
citizen  of  the  United  States,  on  the  18th  day  of  March, 
1818;  and  that  I  have  not  since  that  time,  by  gift,  sale, 
or  in  any  manner,  disposed  of  my  property,  or  any  part 
thereof,  with  the  intent  thereby  so  to  diminish  it,  as  to 
bring  myself  within  the  provisions  of  an  act  of  congress, 
entitled  “an  act,  to  provide  for  certain  persons  engaged 
in  the  land  and  naval  service  of  the  United  States  in  the 
revolutionary  war,'*’  passed  on  the  18th  day  of  March, 
1818;  and  that  I  have  not,  nor  has  any  person  in  trust 
for  me,  any  property,  or  securities,  contracts,  or  debts, 
due  to  me;  nor  have  I  any  income,  other  than  what  is 
contained  in  the  schedule  hereto  annexed,  arid  by  me 
subscribed.  That  since  the  18th  day  of  March,  1818, 


22 


appendix. 


the  following  changes  have  been  made  in  my  property 
to  wit:  (here  insert  an  account  of  the  property,  in  the 
applicant  s  possession  on  the  18th  day  of  March,  1818 
and  not  now  owned  by  him;  the  names  of  the  persons 
to  whom  disposed  of,  time  of  sale,  and  the  amount  of 
money,  or  description  of  property  received  in  return.) 

oworn  t of  and  declared  in  open  A  p 

court  this  dayof  ,  A.  D.  18 
Attest,  L.  M.  Clerk*. 


State  of  Illinois, )  . 

County  of  sc  * 

llns  day,  personally  appeared  in  open  court,  the 
court  judicially  sitting,  N.  O.  of  the  county  of 
and  state  of  ,  and  formerly  of  the  countv  of 
and  state  of  ,  who  being  first  duly  sworn  accord’ 

to  lav/,  deposes,  and  says ;  that  he  is  well  acquainted 
with  the  said  A.  B.  and  knew  him  before,  and  during 
the  revolutionary  war;  that  the  said  A.  B.  is  the  iden¬ 
tical  person  he  represents  himself  to  be,  and  was  in  the 
war  of  the  revolution,  and  from  the  best  recollection  of 
i  e  deponent,  belonged  to  the  company  commanded  bv 
captain  C.  D.  in  the  regiment  commanded  bv  colonel 

F\In ,‘h®  hne  of  the  of  ,  on  the  continen¬ 

tal  establishment;  at  which  time  the  deponent  was  also 
>n  the  continental  army,  in  the  company  commanded 
Oj  captain  r.  Q.,  in  the  regiment  commanded  by  colo- 

4  S*  thf  ,  line5  and  was  with  the  said 
A*  B;  thc  battles  of  ?  and  ;  that  the 

saul  A .13.  is  a  man  of  good  moral  character,  and  un- 

doubted  veracity,  and  that  he  has  no  hesitation  in  be¬ 
lieving,  that  his  whole  statement  in  relation  to  the  time 
,  lls  enlistment,  his  continuance  in  service,  and  dis 
charge  from  the  army,  is  true.  q 

Subscribed,  and  sworn  to,  in  open 
court,  the  dayof  A.  D.  18 
Attest,  L.  M.  Clerk. 


A  scneuulc  containing  the  whole  amount  of  the  e«- 
•ate?  and  income,  of  A.  B.  of  thc  county  of  ,  and 


AFPENPtft* 


23 


state  o f  ,  (his  necessary  clothing  and  bedding  ex¬ 
cepted)  on  the  day  of  ,  A.  D.  ;  made 

m  pursuance  of  the  act  of  congress,  of  the  1st  of  May, 
J820. 

Description  of  property.  Value. 

1  Horse . .  §20  00 

1  Cow  and  calf  -  --  --  --  -  10  00 

4  Sheep  ----------  6  00 

15  Head  of  hogs  -  --  --  --  -  15  00 

1  Table, . -  -  -  -  2  00 

1  Cupboard  -  3  00 

6  Chairs .  100 


Other  household,  and  kitchen  furniture  5  00 


Total,  §62  Op 

Subscribed,  and  sworn  to,  in  open  A.  B* 

court,  the  day  of  ,  A.  D, 

Attest,  L.  M.  Clerk. 

State  of  Illinois,)  , 

County  of  J  ’ 

This  day,  personally  appeared  in  open  court,  the 
epurt  judicially  sitting,  T.  U.  and  V.  W.  of  the  county 
of  ,  and  state  of  ,  who  being  first  duly 

sworn  according  to  law,  depose,  and  say,  that  they  are 
well  acquainted  with  the  said  A.  B.  and  with  the  amount, 
description,  and  value  of  the  property  in  his  possession, 
on  the  day  of  ,  A.  D.  ;  and  that  ta 

the  best  of  their  knowledge  and  belief,  the  foregoing 
schedule  exhibits  a  just  and  true  account  of  the  same, 
necessary  clothing  and  bedding  excepted;  and  that  the 
value  of  the  several  articles,  as  therein  set  down,  is  ac¬ 
cording  to  the  true  value  thereof.  T.  U. 

Subscribed,  and  sworn  to,  in  open  V.  W* 

court,  this  day  of  ,  A.  D.  18 

Attest,  L.  M.  Clerk. 

State  of  Illinois,)  f 
County  of  $  SCt# 

T,  L.  M.  clerk  of  the  circuit  court,  in,  and  for  t{>p 


ASKEXDiX, 


M 

county  of  $  and  state  of  Illinois,  do  hereby  cer¬ 

tify,  that  it  appears  to  the  satisfaction  of  the  court,  that 
the  said  A.  B.  did  serve  in  the  revolutionary  war,  as 
slated  in  the  preceding  declaration,  against  the  com¬ 
mon  enemy,  for  the  term  of  months,  under  one 

engagement,  on  the  continental  establishment.  I  also 
certify,  that  the  foregoing  oath,  contained  in  the  latter 
part  of  the  declaration  of  the  3aid  A.  B.  and  the  sched¬ 
ule  thereto  annexed,  are  truly  copied  from  the  records 
of  the  said  court;  and  I  do  further  certify,  that  it  is  the 
opinion  of  the  said  court,  that  the  total  amount,  in  value, 
of  the  property  exhibited  in  the  aforesaid  schedule, 
is  sixty-two  dollars. 

In  testimony  whereof,  I  have  hereunto 
set  my  hand,  and  affixed  the  seal  of  the 
[L.  S.J  said  circuit  court,  at  my  office  in  , 
this  day  of  ,  A.  D.  ,and 
of  the  independence  of  the  United  States, 
the  .  L.  M.  Clerk. 

State  of  Illinois, ) 

County  of  \  sct 

I,X.  Y.  judge  of  the  judicial  circuit  of  the 

state  ofIlliuois,aud  presiding  judge  of  the  circuit  court, 
in,  and  for  the  county  of  ,  and  state  aforesaid; 

do  hereby  certify,  that  L.  M.  whose  name  is  subscribed 
to  the  ioregoing  certificate,  now  is,  and  was  at  the  time 
of  signing  and  sealing  the  same,  the  clerk  of  the  said 
court,  and  keeper  of  the  seal  and  records  thereof,  duly 
appointed  and  qualified  to  office;  that  full  faith  and 
credit  are,  and  ought  of  right  to  be  given,  to  all  his  offi¬ 
cial  acts  as  such,  in  all  courts  of  record  in  the  United 
States,  and  elsewhere;  and  that  his  said  attestation  is  in 
due  form  of  law,  and  by  the  proper  officer. 

Given  under  my  hand  and  seal,  at  , 
this  day  of  ,  A.  D.  ,  and 
[L.  S.]  of  the  independence  of  the  United  States, 
the  •  X.  Y.  Judge, 


appendix. 


■»1 


Instructions ,  $*'C, 

The  following  notes  are  extracted  from  the  printed  instruc¬ 
tions  of  the  secretary  at  war,  and  contain  the  general  requi- 
sites  to  be  attended  to,  in  making  out  the  applicant’s  declara¬ 
tion,  schedule  and  oath,  under  the  acts  of  the  18th  March,  1818, 
and  1st  May,  1820,  according  to  the  preceding  form. 

1.  As  to  the  court  in  which  the  declaration  is  to  be 
made,  all  are  courts  of  record,  within  the  contempla¬ 
tion  of  the  act  of  congress. 

1st.  Which  arc  expressly  made  courts  of  record  by 
the  laws  of  the  state  which  creates  them; 

2d.  Which  have  been  solemnly  adjudged,  by  the  tri¬ 
bunals  of  the  several  states,  to  be  courts  of  record: 

3d.  Which  proceed,  according  to  the  course  of  the 
common  law,  with  a  jurisdiction  unlimited  in  point  of 
amount,  keeping  a  record  of  their  proceedings. 

4th.  Which  have  the  power  of  fine,  and  imprison¬ 
ment. 

And  courts  which  proceed  according  to  the  course 
of  the  civil  and  canon  law,  having  neither  of  these  at¬ 
tributes,  are  not  courts  of  record,  although  they  may 
keep  a  registry  of  their  proceedings,  and  possess  a  seal. 
The  court  should,  in  every  instance,  state,  on  the  face 
of  the  proceedings,  that  it  is  a  court  of  record,  and  state 
why  it  is  such. 

2.  If  the  claimant  was  an  officer,  he  must  state  what 
rank  he  held,  and  instead  of  the  word  “enlisted,”  insert 
“entered.” 

3.  If  the  claimant  served  in  the  navy, the  form  should 
be  varied  by  inserting  the  name  of  the  ship,  or  vessel  in 
which  he  sailed,  and  the  name  of  the  captain,  or  com¬ 
mander. 

4.  It  is  the  opinion  of  the  attorney  general,  that  the 
words  of  the  3d  section  of  the  act  of  the  1st  May,  1  820, 
“in  such  indigent  circumstances,  as  to  he  unable  to  sup¬ 
port  himself,  without  the  assistance  of  bis  country,” 
comprehend  those  only  who  are  incapable  of  support- 


■APPEADHI.  ' 


ing  themselves  without  the  aid  of  the  government,  e*. 
cept  by  private,  or  public  charity. 

5.  Where  changes  have  been  made  in  the  applicant’s 
property  since  the  18th  March,  1818,  and  for  the  m- 
aertmn  of  which,  a  blank  has  been  left  in  the  preceding 

form;  the  same  may  be  stated,  as  in  the  following  cob 
nmns.  b 


Amount  of  mo- 
ney  or  descrip, 
of  prop’rty  re¬ 
ceiv’d  in  ref.’n. 

6.  if  the  property  has  been  sold  under  execution, 
the  certificate  of  the  sheri fif,  or  officer  making  the  sale, 
must  be  produced;  and  the  manner  in  which  the  debt 
originated,  on  account  of  which  judgment  was  obtain¬ 
ed,  and  execution  issued,  should  be  shewn  by  the  testi¬ 
mony  of  the  plaintiff,  who  is  required  to  swear  as  to 
tffie  time  at  which  the  debt  was  contracted,  and  to  state 
lor  yy  hat  articles,  the  amount  of  them,  and  whether  he 
bclicy  es  that  they  were  applied  to  the  exclusive  use 
and  benefit  of  the  defendant,  or  person  claiming  a  pen¬ 
sion.  In  every  case  where  there  has  been  a  transfer  of 
j  cal  estate,  authenticated  copies  of  the  deed  of  convey¬ 
ance  should  be  exhibited;  and  where  debts  have  been 
discharged,  w i  ih  the  proceeds  of  the  sale  of  any  pro- 
perty,  the  evidence  of  the  creditors,  proving  the  fact,  is 
required.  The  creditors  should  state,  under  oath,  the 
time  at  which  the  debts  were  contracted,  for  what  ar¬ 
ticles  of  property,  the  time  when  they  were  paid,  and 
in  what  way.  I  he  application  of  all  money  should  be 
clearly  shown  in  like  manner,  by  disinterested  witness¬ 
es.  The  origin  of  every  note,  bond,  or  other  obligation, 
for  the  payment  of  money,  the  fulfilment  of  a  contract, 
or  the  discharge  ofa  debt,  either  to,  or  from,  the  appli¬ 
cant,  must  be  clearly  shewn,  as  well  as  the  time  and 
manner  of  discharging  the  same.  The  oaths  of  disin¬ 
terested  persons  are  required  to  shew  for  yvhat  the  ob¬ 
ligations  were  given;  fyr  what  amount;  and  at  what 


Description  of 
Property. 


Names- of  per¬ 
sons  to  whom 
disposed  of. 


Time  of  Sale. 


APPENDIX. 


Ti 


time;  and  similar  proof  is  required  as  to  the  discharge 
or  cancelling  of  the  same.  Similar  evidence  is  require 
cd  in  every  case  where  property  has  been  sold  under  a 
mortgage.  The  testimony  of  the  mortgagee,  as  well 
as  that  of  the  mortgagor,  is  required.  Each  should 
swear  as  to  the  manner  in  which  the  mortgage  origina* 
ted, shewing  the  time  of  contracting  the  debt,  for  what 
consideration,  and  the  amount  thereof,  and  the  mortga¬ 
gor  must  shew  how  the  money  or  property  tor  which  he 
became  indebted,  was  applied.  In  cases  where  persons 
have  held  landed  property,  and  have  never  had  deeds 
for  the  same,  the  affidavits  of  public  officers,  competent 
to  give  testimony  in  such  cases,  are  required.  The  of¬ 
ficial  character  and  signature  of  the  magistrate  before 
whom  the  affidavits  may  be  taken,  should  be  certified 
by  the  proper  officer,  under  bis  seal  of  office. 

*  7.  Persons  unable  to  appear  in  court,  by  reason  of 
bodily  infirmity,  and  who  are  permitted  by  the  act  of 
March  1,  1323,  to  take  the  oath  before  a  judge  or 
justice  of  a  court  of  record,  will,  in  addition  to  ihe  oath 
in  ordinary  cases,  swear  that  they  are  not  able  to  attend 
personally  in  court,  by  reason  of  disease,  or  bodily  dis¬ 
ability,  as  the  case  may  be.  Before  ihe  words,  “I,  L. 
M.  clerk.”  &c.  insert  the  following:  “I,  X.  Y.  a  judge, 
(or  justice,)  of  the  court  of  holden  in  the  county 

of  where  the  declarant  resides, do  hereby  certify, 

that  the  above  named  A.  B.  is,  from  a  disease  called  the 
with  which  lam  credibly  informed,  and  believe, 
he  has  been  afflicted,  for  the  space  of  is  unable  to 

attend  the  court  of  which  I  am  a  judge,  (or  justice,)  and 
I  do  not  think,  from  present  appearances,  that  he  will 
be  able  to  attend  the  court  above  named,  at  its  next 
session.  I  have,  therefore,  in  pursuance  of  the  act  of 
congress,  of  the  1st  March,  1823,  attended  at  his  place 
of  abode,  and  administered  the  foregoing  oath.  A.  B. 
Judge,”  &c.  Then  let  the  clerk,  in  lieu  of  the  usual 
certificate,  wrrite  these  words:  “I,  L.  M.  clerk  of  the 
court  of  certify  that  X.  Y.  before  whom  the 

above  affidavit  of  A.  B.  who  is  now  sick  and  confined  to 
his  house,  w  as  made,  is  judge  as  aforesaid.  I  also  cct* 


APPENDIX* 


O' 


tify,  iliat  the  said  schedule  and  oath  have  been  admit 
ted  to  the  record  of  said  court,  and  that  the  same  are 
-ru  >  copied  therefrom:  and  1  do  further  certify,  that  it 

va  ue  j;;r of  he,said  ,c°urt’ that  (he  totai  a">°u»t 

it  i  r,rty  ejhibited  in  the  a^oresa>d  schcd- 

UIe» IS  dol,ars  and  cents. 

.  "  testimony  whereof,  (  have  hereunto  set  my 

hand,  and  affixed  the  seal  of  the  said  court,  on 

rr  c  T  a 15  ,  dayr°f  v  18"  ,  and  of  the  in- 

[L.  S.]  dependence  of  the  U.  States,  the 

■  M.  Clerk  of  the  court  for  the  of,”  &c. 

8.  The  pay  of  an  officer  is  twenty  dollars  per  month  • 
of  a  non-commissioned  officer,  musician,  mariner  ma’ 
nne,  or  private  soldier,  eight  dollars  per  month,  d’urmg 

,9'..Th<r  orlS«f‘al  declaration,  schedule,  oath,  and  af¬ 
fidavits,  should  be  filed  m  the  clerk’s  office  of  the  court, 
therein  the  same  shall  be  made,  or  exhibited. 


APPENDIX, 


Of  Army  and  JVary  Pensions ,  on  account  of  icounds  ana 
disabilities ,  incurred  in  the  service  of  the  United  States j 
during  the  late  war  .* 

(For  the  laws  of  the  U.  States  on  this  subject,  see  the  follow¬ 
ing  acts  of  congress,  to  wit:  the  act  of  the  8th  May,  1792;  act 
of  the  23d  April,  1800;  act  of  the  16th  March,  1802;  acts  of 
the  3d  and  26th  March,  1804;  act  of  the  25th  April,  1808;  act 
of  the  7th  January,  1809;  acts  of  the  10th  and  25th  April,  1812; 
act  of  the  16th  April,  1813;  act  of  the  2d  August,  1813;  act. 
of  the  20th  January,  1814;  act  of  the  13th  February,  1814;  act 
of  the  4th  March,  1814;  act  of  the  18th  April,  1814;  act  of  the 
16th  April,  1816;  act  of  the  24th  April,  1816;  act  of  the  16th 
April,  1818;  act  of  the  3d  March,  1819;  act  of  the  15th  May, 
1820;  act  of  the  4th  February,  1822;  acts  of  the  22d  January, 
9th  of  April,  and  26th  of  May,  1824;  and  the  act  ol  20th  May, 
1826.  See  also,  Gordon’s  Digest  of  the  laws  of  the  U.  States 
page  607.  et  seq.) 

Original  Claim * 

Form  of  the  declaration,  oath,  and  certificates,  to  be  trans* 
mitted  by  the  applicant,  to  the  secretary  of  war,  previous  to  hh 
being  placed  on  the  pension  list  of  the  United  States.f 

State  of  Illinois,)  ~ — —  Circuit  Court, 

County  of  $  SCC*  - —  Term,  A.  D.  18  , 

Beit  remembered,  that  on  this  day  of  v 

A.  D.  ,  personally  appeared  before  the  judge  of  the 
circuit  court,  in,  and  for  the  county  of  ,  and 

*  The  laws  refered  to  under  this  caption,  relate  to  all  per¬ 
sons  wounded,  or  disabled  in  the  service  of  the  United  States, 
and  include  officers  and  privates,  in  the  militia,  sea-fencibles 
and  volunteers;  as  well  as  those  that  belonged  to  the  regular 
army;  also,  navy  officers,  seamen,  and  marines.  Provision  is 
also  made  for  the  widows  and  orphans  of  those  who  were  killed 
in  the  service,  in  certain  cases. 

f  It  is  proper  here  to  remark,  thathavingno  precedent  to  aiej 
us  in  drawing  up  the  form  adopted  in  this  case,  it  may  not  cor¬ 
respond  with  the  instructions  from  the  war  department,  wc 
think  however,  that  it  will  be  found  to  contain  all  the  substan¬ 
tial  requisites  of  the  acts  of  congress. 


oO 


appendix  » 


state  of  Illinois,  (the  same  being  a  court  of  record,  hav¬ 
ing,  and  exercising  common  law  jurisdiction,  unlimited 
m  point  of  amount,  with  a  seal,  and  clerk;)  during  the 
sitting  of  the  said  court,  A.  B.  a  resident  citizen  of  the 
said  county  and  state,  aged  years,  who,  being  first 

thJfn U°m  aC,cor?lng.to  law>  doth,  on  his  oath,  make 
the  following  declaration,  in  order  to  obtain  the  provi¬ 
sions  made  by  the  several  acts  of  congress,  for  persons 
wounded, or  disabled  in  the  serviceof  the  United  States, 
during  the  late  war;  that  he,  the  said  A.  B.  enlisted  for 
the  term  of  years,  on  the  day  of  ',A. 

’  ,  ,  ,  i  state  of  ,  in  the  company 

commanded  by  captain  C.  D.  in  the  regiment  of 
infantry  commanded  by  colonel  E.  F.  in  the  army  of  the 
United  Staths ;  that  he  continued  to  serve  in  the  said 
company  and  regiment  against  the  common  enemy,  un- 
ultne  day  of  ,  A.  D.  18  ,  at  which 

time  he  was  honorably  discharged  from  the  service,  at 

, .  .  ,'ln  the  ®tate  i  before  the  expiration  of 

(is  said  term  of  service,  in  consequence  of  disabilities 
incurred  by  wounds  received  at  the  battle  of 
wn.le  in  the  line  of  his  duty  as  a  soldier;  that  his  name 
is  not  on  the  pension  roll  of  any  state,  nor  has  any  pen- 

•r0;;rore  been  a'iowed  h*m;  that  hu  said  disabil¬ 
ity  Still  continues,  and  makes  it  difficult  for  him  to  pro¬ 
cure  a  subsistance  without  assistance  from  his  country 

**‘S,  occuPa(;on  that  of  a  ,  and  his  family  com 

S  ts  of  a  Wi.e,  and  children,  who  depend  exclusive- 
ly  on  jus  exertions  for  a  support.  g 

Subscribed,  and  sworn  to,  in  open 

court,  this  day  of  a  D  i« 

Attest,  L.  M.  Clerk.  ’  '  18  ' 

State  of  Illinois,) 

County  of  ^  sc^* 

ra7’npprsonal,J  appeared  in  open  court,  the 
court  judicially  sitting,  G.  H.  a  citizen  of  the  county  of 

,  and  state  of  ,  and  late  a  captain  in  the 

,  ,,  regiment  of  United  States’ infantry,  who  being 
Urst  duly  sworn,  according  to  law,  deposes,  and  says ; 


APPENDIX* 


at 


that  he  is  well  acquainted  with  the  said  A.  B.,  that  he 
is  the  identical  person  he  represents  himself  to  be,  and 
was  a  private,  and  belonged  to  his  company  in  the 
regiment,  of  United  States’  infantry,  during  the  late 
war;  that  the  said  A.  B.  was  enlisted  at  ,  in  the 

state  of  ,  on,  or  about  the  day  of  5 

A.  D.  18  ,  for  the  term  of  years,  but  that 

he  was  discharged  from  the  service  before  the  expira¬ 
tion  of  his  term  of  enlistment,  in  consequence  of  disabi¬ 
lities  incurred  by  wounds  received  in  the  battle  of  , 
while  in  the  line  of  his  duty  as  a  soldier;  that  he  has 
heard  the  above  declaration  of  the  said  A.  B.  read, 
and  believes  from  his  knowledge  of  the  circumstances, 
that  the  statements  therein  contained,  are  substantially 
true, 

Subscribed,  and  sworn  to,  in  open 
court,  this  day  of  A.D.  18 

Attest,  L.  M.  Clerk. 


[Here  follows  the  certificates  of  the  clerk  and  judge, as  in  the 
preceding  form,  where  application  is  made  for  a  pension,  on 
account  of  revolutionary  services.] 

Form  of  the  certificate  to  he  made  by  two  surgeons,  (or  phy¬ 
sicians)  of  the  rate  of  disability  of  the  applicant,  under  the  act 
of  the  3d  March,  1819. 

State  of  Illinois,)  . 

County  of  J 

This  day,  personally  appeared  before  the  undersign¬ 
ed,  an  acting  justice  of  the  peace,  in,  and  for  the  coun¬ 
ty  and  state  aforesaid,  N.  O.  and  P.  Q.  of  the  town  ot 
,  county  of  ,*and  state  of  ;  being 

physicians  (or  surgeons)  by  profession,  and  practice; 
who  being  first  duly  sworn  according  to  law,  depose, 
and  say;  that  they  have  this  day  examined  the  disabili¬ 
ties  of  A.  B.  which  are  said  by  him,  to  have  been  occa¬ 
sioned  by  wounds  received  in  the  service  of  the  United 
States,  in  the  late  war  with  Great  Britain,  and  while 
in  the  line  of  his  duty  as  a  soldier;  that  (here  describe 
the  prescise  nature  of  the  applicant’s  disability;)  and 


APPENDS  A„ 


32 

tnat  the  disability  of  the  said  A  P  ^  *  ,  . 

the  said  wounds  si'll  continues  .11  d  ";s  ccasione,d  by- 

cording  to  the  different  degrees’of  d^abih^^  ‘‘a 
in  the  acts  of  congress.)  b  disability  speeded 

Subscribed,  and  sworn  to,  before  me,  p‘  o 

at  my  office  in  ,  in ’the  coum?  P'Q' 

and  state  aforesaid,  this  day  of 

A. D.  18  .  J 

[L.S.]  R.  S.  Justice  of  the  peace,  county  of 

and  state  of  Illinois. 

Jo  furtheSif^Thaf  the^aTd  JV.‘ O  Vo™’  ‘ 
personally  known  to  me;  that  they  are  reputabffi  oh? 

-*  4““’  “■ 

diWIit,  as  such,  camioEwitl)  proprielj’licljuestioned^ 

Giyen  under  my  hand  and  seal,  at  ,n  the 

county  and  state  aforesaid,  this  day  of  ’ 

0  •  [L.  9.]  R.  S.  Justice  of  the  peace 

county  of  ,  and  slate  of  Illinois, 

[Here  follows  the  certificate  of  maeistracT  1,V  fl  o  1  1  , 

ttie  county  commissioners’  mart  .  -Vtf*.  a<;}  >uy  ife  clerk  of 

Of  the  preLin  Jud^  of  that  coor  ^  d  ”lrther  cerli<icatc 
is  clerk.]  ^  court>  that  tlle  Pers°n  certifying: 

Instructions,  (Jr. 

•  ?*  fhc  affidavit  of  the  physicians,  duly  certified  ■ 
pan  - tffi? ?ng0I'"g,preceden^  should  in  all  cases  accom- 

Li  «P  -Ca  ‘0n;as  "'cl1  as  lhe  applicant’s  discharge 
.rom  the  service,  where  it  has  not  been  lost. 

maX.  ,ttim  ,'".',Tmil'a(l0n  and  affidavit,  should  be 
tfcontm,  es  d  °f  ! -ery  hv0-vears’  where  thedisabili- 
abditv  I  •tV€p  in,cases  whcre  thcre  is’a  total  dir 

3  Tl  “  7%ch  hrst affidavit  will  Insufficient, 

the  id  fd,fffere,,t  J*Sr6€S  of  disability,  as  defined  by 
iig  manner!°DgreSS’  ^  t0  ^Sc^ained  in  the  follow' 

LV  fatal  disability,  is,  where  the  person  is  wholly 
auable  to  support  himself  by  labor,  at  his  usual  occupa 


A1*I  fcNDlX. 


id.  Onc-lburth,  one-half,  or  three-fourths  disability, 
is,  when  the  person  is  prevented  in  that  degree,  from 
pursuing  his  usual  occupation,  in  consequence  of  the 
elTects  produced  by  the  wounds  received  in  the  service. 
The  pay  of  the  applicant  is  always  in  proportion  to  the 
degree  of  disability. 

3d.  The  enlistment,  service,  and  discharge  of  the  ap¬ 
plicant,  as  well  as  the  reception  of  the  wounds  produ¬ 
cing  his  disability,  should  in  all  cases,  where  it  is  possi¬ 
ble,  be  proved  by  his  commanding  officer,  or  in  case  of 
his  death,  by  the  next  highest  in  rank,  under  whom  he 
served. 

Form  of  a  power  of  attorney,  to  receive  an  invalid’s  pension. 


Know  all  men,  by  these  presents,  that  I,  A.  B.  of  the 
county  of  ,  and  state  of  Illinois,  do  hereby  con¬ 

stitute,  and  appoint  C.  D.  of  the  county  of  ,  and 
state  aforesaid,  my  true  and  lawfal  attorney,  to  receive 
in  my  behalf,  from  E.  F.  the  pension  agent  of  the  U. 
States,  for  the  state  of  Illinois,  my  pension  for 
months  as  an  invalid  pensioner  of  the  United  States, 
commencing  on  the  day  of  A.  D. 

,  and  ending  the  day  of  ,  A.  D.  18 

Signed,  sealed, andacknowledged  A.  B.  [L.  S.] 
in  the  prsence  of 


G.  H.) 
J.  R.$ 


witnesses. 


Subscribed,  and  acknowledged,  before  me  the  under¬ 
signed,  an  acting  justice  of  the  peace,  in,  and  for  the 
county  of  ,  and  state  of  Illinois,  this  day  of 

,  A.  D.  13  .  [L.  S.]  L.  M.  Justice  of  the 

peace,  county  of  ,  and  state  of  Illinois. 


Besides  the  letter  of  attorney  aforesaid,  the  attorney  must 
produce  to  the  pension  agent,  the  original  certificate  given  to 
the  pensioner,  entitlingkim  to  a  pension,  and  an  affidavit  made 
by  him  in  the  following  form. 

State  of  Illinois.) 

.  set. 
county.) 

This  day,  personally  came  before  me,  the  under; 


signed,  an  acting  justice  of  the  peace,  in,  and  tor  tho 
county  and  state  aforesaid,  A.  B.  who  being  first  duly 
sworn  according  to  Jaw,  deposes,  and  says,  that  he  is 
the  same  A.  B.  to  whom  the  original  certificate  in  liie 
possession  was  given,  of  which  the  following  is  a  copy  y 
to  wit:  (here  copy  the  certificate.)  That  he  served  in 
the  company  commanded  by  captain  ,  in  the 

regiment  of  United  States  infantry,  commanded  by  cob 
,  in  the  late  war  with  Great  Britain,  at  the  time 
he  was  disabled;  and  that  he  now  resides  in  the  county 
of  ,  and  state  of  Illinois,  and  has  resided  there 
for  the  last  years,  previous  to  which  time  he  resi« 

ded  in  the  county  of  ,  and  state  of  . 

Subscribed,  and  sworn  to  before  me,  A.  B. 

this  day  of  A.  D.  18 

[L.  S.]  L.  M.  Justice  of  the  peace,  county  of 

state  ef  Illinois, 


Of  the  jurisdiction  of  a  justice  of  the  peace ,  in  cases  where 

o  ffences  are  committed  in  violation  of  the  laws  of  the  U. 

States ,  t 

The  laws  of  the  U.  States,  on  the  subject  of  offences,  are  so 
numerous  and  complicated,  that  I  cannot  find  a  place  even  for 
a  synopsis  of  them,  within  the  limits  prescribed  for  this  work; 
I  shall,  therefore,  content  myself  by  inserting-  that  part  of  the 
act  of  congress  of  the  24th  of  September,  1780,  which  confers 
jurisdiction;  with  the  forms  adapted  to  a  single  case;  with  the 
aid  of  which,  precedents  can  be  easily  framed  in  all  other  case^ 
m  which  a  justice  of  the  peace  may  be  called  upon  to  act. 

Jurisdiction ,  4*c. 

For  any  efime  or  offence,  against  the  United  States, 
the  offender  may,  by  any  justice,  or  judge  of  the  United 
States,  or  by  anv  justice  of  the  peace,  . err  other  magis¬ 
trate  of  any  of  the  United  States,  where  he  may  be 
lound,  agreeably  to  the  usual  mode  of  process  against 
offenders  in  such  state,  and  at  the  expense  of  the  U, 
States,  be  arrested,  and  imprisoned,  or  bailed,  as  the. 


\  • 


APPENDlS# 

cose  may  be,  for  trial  before  such  court  of  the  United 
States,  us  by  this  act  has  cognizance  of  the  offence:  and 
copies  of'  the  process  shall  be  returned  as  speedily  as 
may  be,  into  the  clerk's  office  of  such  court,  together 
with  the  recognizances  of  the  witnesses,  for  their  ap¬ 
pearance  to  testify  in  the  case;  which  recognizances, 
the  magistrate,  before  w  hom  the  examination  shall  be, 
may  require  on  pain  of  imprisonment.  And  if  such  com¬ 
mitment  of  the  offender,  or  the  witnesses,  shall  be  in  a 
district  other  than  that  in  which  the  offence  is  to  be 
tried,  it  shall  be  the  duty  of  the  judge  of  that  district, 
where  the  delinquent  is  imprisoned,  seasonably  to  issue, 
and  of  the  marshal  of  the  same  district  to  execute,  a 
warrant  for  the  removal  of  the  offender,  and  the  wit¬ 
nesses,  or  either  of  them,  as  the  case  may  be,  (o  the  dis¬ 
trict  in  which  the  trial  is  to  be  had.  And  upon  all 
arrests  in  criminal  cases,  bail  shall  be  admitted,  except 
where  the  punishment  may  be  death,  in  which  cases  it 
shall  not  be  admitted,  but  by  the  supreme,  or  a  circuit 
court,  or  by  a  justice  of  the  supreme  court,  or  a  judge 
of  a  district  court,  who  shall  exercise  their  discretion 
therein,  regarding  the  nature  and  circumstances  of  the 
offence,  and  of  the  evidence  and  the  usages  of  law. 
And  if  a  person  committed  by  a  justice  of  the  supreme 
**ourt,  or  a  judgeof  the  district  court,  for  an  offence  not 
punishable  with  death,  shall  afterwards  procure  bail, 
and  there  be  no  judge  of  the  United  States  in  the  dis¬ 
trict  to  take  the  same,  it  may  be  taken  by  any  judge  of 
the  supreme,  or  superior  court  of  law  of  such  state. 

The  district  courts  of  the  United  States,  have  exclu¬ 
sively  of  the  courts  of  the  several  states,  cognizance  of 
all  crimes  and  offences,  that  shall  be  cognizable  under 
the  authority  of  the  United  States,  committed  within 
their  respective  districts,  or  upon  the  high  seas;  wffiere 
no  other  punishment  than  whipping,  not  exceeding 
thirty  stripes,  a  fine  not  exceeding  one  hundred  dollars, 
ora  term  of  imprisonment  not  exceeding  six  months  i8 
to  be  inflicted. 

The  circuit  courts  of  the  United  States  have  exclu¬ 
sive  cognizance  of  all  ciimes  and  offences,  cognizable 


APPENDIX. 


36 

under  the  authority  of  the  United  States,  (except  where 
it  is  otherwise  provided  by  the  above  recited  act,  or  the 
laws  of  the  United  States  otherwise  direct,)  and  con* 
current  jurisdiction  with  the  district  courts,  of  the 
crimes  and  offences  cognizable  therein. 

1.  Warrant  for  the  apprehension  of  an  offender  against  the 
laws  of  the  United  States.  S  C 

United  States  of  America,) 

Stateof Illinois,  county.}  sct 

Whereas  A.  B.  of  the  county  of  ,  and  state  of 
Illinois,  has  this  day  given  information,  on  oath,  to  me 
the  undersigned,  an  acting  justice  of  the  peace  in,  and 
lor  the  county  and  state  aforesaid ;  that  C.  D.  also  of 
the  same  county  and  state,  laborer,  did,  on  the 

^ °f  ,  ’  ,  at  ,  in  the  county 

and  state  aforesaid,  knowingly,  wickedly,  and  wilfully 
pass  to  the  said  A.  B,  one  counterfeit  dollar  of  the  form 
and  similitude  of  the  silver  coin,  of  that  denomination, 
which  has  been  heretofore  coined  at  the  mint  of  the 
United  States,  with  the  intent  to  defraud  the  said  A. 
B. ;  he,  the  said  C.  D.  well  knowing  the  said  dollar  to 
be  counterfeit:  these  are  therefore  to  command  and 
require  you,  forthwith,  to  apprehend  the  said  C.  D.  if 
he  shall  be  found  in  the  said  county,  and  bring  him 
before  me,  or  some  other  justice  of  the  peace  for  the 
county  of  aforesaid,  to  be  dealt  with  in  the  pre* 
mises  according  to  the  laws  of  the  United  States.  And 
this  you  are  in  nowise  to  omit;  and  hereof  make  return, 
as  well  as  the  manner  in  which  you  execute  the  same. 

Given  under  my  hand  and  seal,  at  ,  in 

the  county  and  state  aforesaid,  this  day  of 

[L.  S.]  ,  A.  D.  18  ;  and  of  the  independence 

of  the  United  States,  the 

E.  F.  J ustice  of  the  peace  for  the  county  of 
,  and  state  of  Illinois. 

To  any  sworn  constable) 
of  said  county  to  execute.} 


APPENDIX* 


3v 


2.  Subpoena  for  a  witness. 

United  States  of  America, 

State  of  Illinois,  county. 

Whereas  C.  D.  of  the  county  of  ,  and  state  of 

Illinois,  laborer,  has  been  arrested,  and  brought  before 
me,  the  undersigned,  an  acting  justice  of  the  peace,  in, 
and  for  the  county  and  state  aforesaid,  on  a  charge  of 
having  passed  to  A.  B.  also  of  the  same  county  and  state 
a  counterfeit  dollar,  of  the  form  and  similitude  of 
the  silver  coin  of  that  denomination,  which  has  been 
heretofore  coined,  at  the  mint  of  the  United  States, 
with  the  intent  thereby,  to  defraud  the  said  A.  B.; 
and  being  informed  that  G.  H.  of  the  county  and  state 
aforesaid,  is  a  material  witness  to  be  examined  con¬ 
cerning  the  same,  in  behalf  of  the  United  States:  these 
are  therefore  to  command,  and  require  you,  to  summon 
the  said  G.  H.  to  appear  before  me,  at  ,  in  the 

said  county  of  ,  on  the  day  of  ,  A. 

D.  ,  at  o’clock,  A.  M.  of  the  same  day,  to 

testify  concerning  the  same.  And  this  you  are  in  no¬ 
wise  to  omit;  and  hereof  make  return,  as  well  as  the 
manner  in  which  you  execute  the  same. 

Given  under  my  hand  and  seal,  at  , 

in  the  county  and  state  aforesaid,  this 
[L.  S.]  day  of  ,  A.  D.  13  ,  and  of  the  inde¬ 

pendence  of  the  United  States,  the 
E.  F.  Justice  of  the  peace,  for  the  county  of  , 

and  state  of  Illinois, 

To  any  sworn  constable 
of  said  county  to  execute. 

3.  Recognizance  of  Bail. 

United  States  of  America,)  . 

State  of  Illinois,  county.  £  Sc 

Be  it  remembered,  that  on  the  day  of 

in  the  year  pf  our  Lord,  one  thousand  eight  hundred 
and  ,  and  of  the  independence  of  the  United 

States  the  ,C.  D,  of  the  county  of  ,  and 

4 


38 


appendix. 


5tate  of  Illinois,  laborer,  and  J.  R.  and  L.  M.  also  of  the 
same  county  and  state,  personally  came  before  me  the 
undersigned,  an  acting  justice  of  the  peace,  in,  and  for 
the  county  and  state  aforesaid,  and  severally  acknowl¬ 
edged  themselves  to  be  indebted  to  the  United  States 
Oi  America,  that  is  10  say,  the  said  C.  D.  in  the  sum  of 
dollars,  and  the  said  J.  R.  and  L.  M.  in  the  sum 
Oa  __  dollars  each,  of  good  ai  d  lawful  money  of  the 
said  United  States,  to  be  respectively  levied  of  their 
goods  and  chattels,  lands  and  tenements,  upon  the  con¬ 
dition,  nevertheless,  that  he  the  said  C.  D.  shall  make 
default,  in  the  performance  of  the  condition  underwrit¬ 
ten. 

The  condition  of  this  recognizance  is  such,  that  if  the 
above  bound  C.  D.  shall  personally  be,  and  appear  be¬ 
fore  the  United  States’ judges,  (or  justices)  on  the  first 
day  of  the  next  court  to  be  holden  at  ,  for  the 

district  (or  circuit.)  of  ;  then,  and  there,  to  an¬ 

swer  to  (lie  said  United  States  of  America,  for  ai  d  con¬ 
cerning  the  crime  of  having  passed  to  A.  B.  of  the  said 
county  and  state,  on  the  day  of  ,  A.  D. 

18  ,at  ,  in  the  county  and  state  aforesaid,  a 

counterfeit  dollar,  of  the  form  and  similitude  of  the  sil¬ 
ver  coin  of  that  denomination,  which  has  been  here¬ 
tofore  coined  at  the  mint  of  the  United  States,  know- 
ingly,  wickedly  and  wilfully,  and  with  the  intent  there¬ 
by  to  defraud  the  said  A.  B.,  in  , violation  of  the  laws  of 
the  United  States,  with  which  said  crime,  the  said  C. 
P.  stands  charged  before  me;  and  to  do,  and  receive 
what  shall  by  the  said  court,  be  then  and  there  ordered 
and  adjudged,  of,  and  concerning  the  premises;  and 
shall  not  depart  thence,  without  the  leave  cf  the  said 
court;  then  this  recognizance  shall  he  void,  or  else  to 
remain  in  fullforce  and  virtue: 

Taken,  subscribed,  and  acknowledged  C.  D.  [l.  s.] 
before  me,  at  ,in  the  countyand  J.  R.  [l.  s.] 

state  aforesaid,  this  day  of  ,  L.  M.  [l.  s.1 

A.  D.  18  ,  . 

E.  1  •  Justice  of  the  peace,  for  the  county  of 
ar.d  state  oflljinois. 

4  T 


APPENDIX. 


39 


4.  Recognizance  of  the  witness. 

United  States  of  America,) 

State  of  Illinois,  count). j 

Be  it  remembered,  that  on  the  day  of 
in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  ^  ,  and  of  the  independence  of’ the  United 

States,  the  ;  personally  came  before  me,  the  un¬ 

dersigned,  an  acting  justice  of  the  peace,  in.  and  for 

the  county  and  state  aforesaid,  G.  H.  also  of  the  same 
county  and  state,  and  acknowledged  himself  to  owe 
and  be  indebted  to  the.. United  States  of  America,  in 
the  sum  of  dollars,  of  good  and  lawful  money  of 

the  said  United  States,  to  be  made  and  levied  of. his 
goods  and  chattels,  lands  and  tenements,  if  he  shall 
make  default  in  the  performance  of  the  condition  un¬ 
derwritten.  , 

The  condition  of  the  above  recognizance  is  such,  that 
if  the  above  bound  G.  H.  doth  personally  be  and  ap¬ 
pear  before  the  judge  (or  justices)  of  the  United  States, 
on  the  first  day  of  the  next  court  to  be  holden  at 
for  the  district  (o^circu it j of  ;  and  shall  then, 

and  there  give  such., testimony,  as  he  shall  know  con¬ 
cerning  (here  state  the  office,  as  in  the  recognizance 
of  hail)  wherewith  the  said  C.  D.  stands  charged  be¬ 
fore  me,  at  the  suit  of  th(\ United  States,  and  doth  not 
depart  hence,  without  leave  of  the  said  court,  then  the 
above  recogniz  mce  to  be  void,  Otherwise  to  remain  in 
full  force  and  virtue.  i  \  Q.  H.  [l.  s.l 

Taken,  subscribed,  and  acknowledged 

before  me,  at  ,  in  the  county  and 

state  aforesaid,  this  dav  of 

A  0.18  \  ’ 

K.  F.  Justice  of  the  peace,  for  the  county  of 
and  state  of  Illinois. 


-<0 


APPENDIX. 


5.  Mittimus. 

United  States  of  America,") 

State  of  Illinois,  county.}  lSC  * 

To  the  keeper  of  the  jail  in,  and  for  the  county  of 
,  and  state  of  Illinois. 

I  send  you  herewith  the  body  of  C.  D.  laborer,  ap¬ 
prehended  by  my7  warrant,  and  brought  before  me  for 
(here  describe  the  offence  particularly)  in  violation  of 
the  laws  of  the  United  States,  with  which  said  crime, 
the  said  C.  D.  stands  charged  before  me;  and  you  the 
said  keeper,  of  the  said  jail,  are  hereby  required  to  re¬ 
ceive  the  said  C.  D.  into  your  custody  as  such  jailer, 
and  him  safely  keep,  until  he  shall  be  thence  discharged 
by  due  course  of  the  laws  of  the  United  States.  And 
for  so  doing  this  shall  be  your  sufficient  w  arrant.* 

Given  under  my  hand  and  seal,  at  , 

in  the  county  and  state  aforesaid,  this 

[L.  S.]  day  of  ,  A.  D.  18  ,  and  of  the  inde¬ 

pendence  of  the  United  States,  the 
E.  F.  Justice  of  the  peace,  for  the  county  of 
and  state  of  Illinois. 

1 .  F orm  of  an  Advertisement  of  a  lost  certificate,  according 
to  the  instructions  of  the  commissioner  of  the  general  land 

office. 

Lost  certificate  of  land  purchased  from  the  United  States. 

Public  notice  is  hereby  given,  that,  three  weeks  after 
date,  application  will  be  made  to  the  register  of  the 
land  office,  at  ,  in  the  state  of  Illinois,  for  the  rc- 

*  In  consequence  of  the  resolution  of  congress  of  the  23d  of 
September,  1789,  recommending  it  to  the  Legislatures  of  the 
several  states,  to  pass  laws,  making  it  the  duty  of  the  keepers 
of  theirjails,  to  receive,  and  keep  prisoners,  committed  under 
the  authority  of  the  United  States,  the  Legislature  of  Illinois 
at  their  session  of  1820,  ’21,  (see  acts  of  that  session,  page  30,) 
passed  such  a  law;  upon  the  express  condition,  how  ever,  that 
the  jailer’s  fees,  and  all  orther  expenses  should  be  paid  by  the 
United  States. 


APPENDIX. 


41 


newal  of  a  certificate  in  my  name,  for  the  quarter 
of  section,  numbered  ,  in  township  numbered 

,  of  range  numbered  ,  in  the  district  of 

lands  offered  for  sale  at  ;  the  original  having 

been  lost,  or  destroyed. 

Given  under  my  hand  at  ,  this  day  of 

,  A .  D.  18 


2.  Form  of  the  deposition. 


State  of  Illinois,)  , 

County  of  \  sc  ’ 

This  day,  personally  appeared  before  me,  the  under¬ 
signed,  a  justice  of  the  peace,  in,  and  for  the  said  coun¬ 
ty  and  state,  A.  B.  also  of  said  county,  wrho  being  first 
duly  sworn  according  to  law,  deposes,  and  says,  that  a 
certain  land  certificate  w  hich  he  held  for  the 
quarter  of  section,  numbered  ,  in  township  num¬ 
bered  ,  of  range  numbered  ,  in  the  dis¬ 
trict  of  lands  offered  for  sale  at  ,  has  been  acci¬ 

dentally  lost,  or  destroyed,  (here  the  circumstances  of 
the  loss,  or  destruction  should  be  particularly  stated,) 
and  that  he  has  never  transferred  his  right  therein  to 
any  person  whomsoever.  A.  B. 

Sworn  to,  and  subscribed  before  me, 
this  day  of  ,  A.  D.  18 

C.  D.  Justice  of  the  peace. 


[Here  follows  the  certificate  of  Magistracy,  by  the  clerk  of 
the  county  commissioners’  court,  and  the  certificate  of  the  pre¬ 
siding  judge  of  that  court,  that  he  is  clerk,  in  the  usual  form.] 


3.  Form  of  a  general  power  of  attorney,  to  relinquish  lands, 
purchased  under  the  credit  system,  prior  to  the  1st  day  of  July, 
1820;  and  for  whioh,  complete  payment  has  not  been  made  to 
the  United  States,  under  the  several  acts  of  congress,  passed 
for  the  relief  of  the  purchasers  of  the  public  lands. 

Know  all  men  by  these  presents,  that  I,  A.  B.  of  the 
county  of  ,  and  state  of  ,  have  made,  or¬ 

dained,  constituted,  and  appointed  C.  D.  of  the  county 
of  ,  and  state  of  ,  my  true  and  lawful  at- 

4* 


42 


APPENDIX, 


torney,  for  me,  and  in  my  name,  io  sign,  and  file  with 
the  register  of  the  land  office  at  ,  in  the  state  of 

Illinois,  a  relinquishment  in  due  form,  of  any  section, 
half  section,  quarter  section,  half  quarter  section,  frac¬ 
tional  section,  or  legal  subdivision  of any  fractional  sec¬ 
tion  of  land,  the  payment  of  which  has  not  been  com¬ 
pleted,  held  by  me,  and  purchased  at  the  said  land 
office:  and  to  make,  and  execute  all  acts  of  relinquish¬ 
ment,  which  may  be  required  of  me  to  make  and  exe¬ 
cute,  to  ei  title  me  to  the  benefit  of  the  provisions  of  the 
several  acts  of  congress  passed  for  the  relief  of  the  pur¬ 
chasers  oi  the  public  lands,  prior  to  the  first  day  o.  J  uly, 
%/  our  Lord,  one  thousand  eight  hundred 

and  twenty;  with  power  to  the  said  attorney,  to  sub¬ 
stitute  an  attorney  or  attorneys  under  him,  for  the  pur¬ 
poses  aforesaid;  and  to  do  all  lawful  acts  for  eflecting 
the  premises:  hereby  ratifying,and  confirming  whatever 
C.  D.  the  said  attorney,  substitute,  or  substitutes,  shall, 
or  may  lawfully  do,  or  cause  to  be  done  therein,  by  vir¬ 
tue  of  these  presents.* 

In  testimony  whereof,  I,  the  said  A.  B.  above  named, 
have  hereunto  set  my  hand,  and  affixed  my  seal,  this 
day  of  ,  in  the  year  of  our  Lord,  one  thou¬ 
sand  eight  hundred  and  .  A.  B.  [l.  s.] 

Signed,  sealed,  and  delivered  in  the  presence  of, 

JE.  F.)  .  * 

T j*  >  witnesses. 


[Here  follows  the  certificate  of  acknowledgement  before  a 
justice  of  the  peace,  the  certificate  of  magistracy  by,  theelerk 
of  the  county  commissioners’  court,  and  the  certificate  of  the 
presiding  judge  of  that  court,  that  he  is  clerk,  &c.] 

*  The  relinquishment  may  be  made  by  the  original  parties, 
then  assignees,  heirs,  or  guardians  of  such  heirs,  or  executors, 
or  administrators,  or  by  attorney  duly  authorised  by  such 

persons. 


APPENDIX. 


43 


Regulations  for  Miners ,  revised  the  1st  of  July ,  1827,  to 
go  tnio  operation  the  1$/  of  August,  1827. 

[Prepared  by  the  Department  of  War.] 

1.  Persons  desirous  of  mining  will,  on  their  arrival 

in  the  countn,  apply  at  the  euperinterdert’s  office 
T\here  they  will  be  furnished  with  a  permit  upon  sign¬ 
ing  the  following  regulations:  first.  We,  the  subscri¬ 
bers,  do  voluntarily  agree  to  deliver,  at  least  once  a 
month,  to  a  licensed  smelter,  all  lead  ore  which  may 
come  into  our  possession  at  the  United  States’  lead 
mires,  upon  receiving  350  pounds  of  pure  lead,  or  an 
equivalent  in  money,  tor  each  1000  pounds  of  clean  ore 
ii  paid  within  twenty-five  days  from  the  date  of  deliv¬ 
ering  the  ore  at  the  diggings. 

We  agree  not  to  deliver  any  lead  ore  to  any  other 
pencil  than  a  licensed  smelter,  and  net  to  deliver  ore 
to  one  smelter  when  w  e  are  ii  debted  to  another,  with- 
out  the  consent  of  such  creditor. 

We  agree  further,  that  we  will  forfeit  to  the  United 
Slates,  all  our  right,  claim,  or  interest,  to  any  lead  ore 
which  we  may  have,  or  to  any  discovery  of  lead  ore  or 
to  any  lot  or  piece  of  ground,  upon  proof  of  our  bavins- 
violated  either  of  the  above  regulations. 

.  2*  ^,oufd  Persons  mine,  or  dig,  without  first  obtain¬ 
ing  a  permit,  they  will  forfeit  the  mineral  they  mnv  ob¬ 
tain;  and  be  liable  to  a  prosecution  for  a  trespass,  and 
damages.  Any  miner  w ho  gives  false  testimony  in  any 
dispute  or  arbitration,  or  before  any  magistrate,  or 
who  is  convicted  of  stealing  lead  ore,  or  any  other  thine 
setting  fire  to  the  prairie  grass,  or  woods,  cutting  tim¬ 
ber  wiie re  it  is  prohibited,  shall  forfeit  bis  permit  to 

mine  or  dig;  and  i  o  smelter  shall  purchase  his  ere,  or 
give  him  employment. 

3.  In  order  to  prevent  mistakes  or  disputes,  two  or 
more  men  must  work  together,  who  will  previously 
measme  off  two  hundred  yards  souare,  the  lines  run 
mng  east,  west,  north  and  South,  at  each  corner  a 


44 


APPENDIX. 


stake  at  least  six  feet  high,  must  be  placed,  marked 
with  the  name  of  at  least  one  of  the  parties.  All  min¬ 
eral  obtained  within  the  stakes,  will  belong  to  the  per¬ 
sons  who  work  the  ground. 

4.  Each  lot  laid  off  as  above  provided,  will  be  work¬ 
ed  every  day,  (weather  permitting)  Saturdays  and  Sun¬ 
days  excepted;  unless  the  ground  should  he  under  ar¬ 
bitration.  Not  more  than  four  days'*  w  ill  be  allow  ed 
to  arbitrate,  after  the  order  is  received  from  the  office. 

5.  It  is  distinctly  understood,  that,  for  each  two  men, 
whether  hired  or  in  partnership,  one  lot  may  be  held, 
provided  it  is  worked  agreeably  to  the  fourth  regulation . 
A  neglect,  or  evasion  by  trifling  work,  such  as  throw¬ 
ing  out  a  few  shovels  full  of  earth,  &c.  or  the  occupan¬ 
cy  ol  more  ground  than  one  lot  by  any  two  miners,  will 
cause  a  forfeiture.  Upon  relinquishing  or  abandoning 
the  ground,  the  stakes  must  be  drawn. 

6.  All  mineral  obtained,  wffien  removed  from  the 
place  where  it  is  dug,  must  be  sold  to  a  licensed  smelt- 
errand  to  no  other  person  whatever.  No  lead,  lot,  or 
discovery  is  permitted  to  be  sold,  or  otherwise  conveyed 
to  any  person  but  an  authorised  miner,  or  licensed 
smelter;  and  when  a  miner  is  indebted  to  a  smelter, 
that  debt  shall  be  good  against  the  lot,  or  lead  of  the 
miner,  even  if  it  should  be  sold  or  transferred  to  an¬ 
other. 

7.  When  miners  are  desirous  of  building  cabins,  or 
cultivating  gardens,  they  will  apply  for  a  special  per¬ 
mission.  All  fencing  must  be  by  ditching  or  sodding; 
and  if  requisite,  stakes  and  one  rider  may  be  put  on  it. 

8.  All  the  leases  require  twenty  men  to  be  kept  at 
wrork  on  them,  and  any  miner  is  at  liberty  to  go  upon 
leased  grounds,  should  the  lessee  not  keep  the  required 
number  on  the  premises. 

9.  In  disputes  between  miners  respecting  lots,  &c. 
the  matter  must  be  referred  to  disinterested  persons. — 
The  party  aggrieved  w  ill  apply  at  the  superintendent’s 
office,  where  an  order  to  arbitrate  wrill  be  furnished. 


*  Seven  days  are  now  allowed . 


APPENDIX. 


46 


Should  the  other  party  refuse  to  arbitrate,  upon  notice 
being  served,  a  forfeiture  to  the  complainant,  of  all 
claim,  right  or  interest,  in  the  lead,  lot,  or  discovery, 
will  lake  place.  Not  less  than  three,  nor  more  than  five 
arbitrators,  to  be  mutually  chosen  by  the  contending 
parties,  as  follows;  if  three  be  the  number,  one  by  each 
party,  which  two  shall  choose  a  third;  if  five  are  re¬ 
quired,  two  by  each  party,  who  shall  choose  a  fifth.— 
The  arbitrators  and  witnesses  shall  be  sworn.  Should 
a  majority  of  the  arbitrators  not  agree,  the  case  will  be 
referred  to  the  superintendent,  or  assistant,  w’hose  de¬ 
cision  shall  be  final.  In  making  this  appeal,  or  refer¬ 
ence  to  the  superintendent,  the  testimony  will  be  record¬ 
ed  by  one  of  the  arbitrators,  and  signed  by  them  all, 
sealed  up  and  sent  to  the  office  of  the  superintendent, 
where  a  written  decision  will  be  given;  a  copy  of 
which  may  be  obtained  by  both  parties. 

It  is  necessary  to  observe  that  all  quibbling  and  sub* 
terfuge  with  respect  to  the  regulations  will  be  utterly 
discountenanced.  The  plain  and  common  received 
meaning  of  the  words  used  in  them,  will,  at  all  times, 
govern  decisions  respecting  them. 

It  is  not  doubted,  that  the  character  for  honest,  cor¬ 
rect  dealing,  which  miners  in  this  country  have  hereto¬ 
fore  so  justly  obtained,  will  be  retained.  A  few  evil 
disposed  persons  can  easily  be  governed  by  those  well 
inclined.  And  should  it  become  necessary  to  put  the 
law  in  force  against  trespassers,  it  will  be  done  without 
respect  to  persons. 

Form  of  a  permit  to  mine. 

U.  S.  LEAD  MINE  OFFICE,  ) 
Galena ,  1 8  y 

A.  13.  Having  signed  the  regulations  for  the  govern¬ 
ment  of  the  U.  S.  Lead  Mines  on  the  east  hank  of  the 
Upper  Mississippi,  is  hereby  permitted  to  mine  and  dig 
lor  lead  ore,  agreeably  to  those  regulations. 

Signed  by  the  Superintendent,  U.  S.  L.  M, 


APPENDIX. 


42 


Form  of  a  bond  to  be  given,  to  obtain  a  license  for  smelting. 

Know  all  men  by  these  presents,  that  we  are 

holder),  and  stand  firmly  bound,  unto  the  United  States 
of  America,  or  their  certain  attorney,  in  the  penal  sum 
of  dollars,  current  money  of  the  said  United 

States,  well  and  truly  to  be  paid  into  their  treasury  ;  for 
which  payment,  well  and  truly  to  be  made,  we,  the  said 
do  hereby  jointly  and  severally  bind  ourselves, 
our  heirs,  executors,  and  administrators,  and  each  and 
every  ot  them,  jointly,  severally  and  firmly,  by  these 
presents.  Signed  with  our  hands,  and  sealed  with  our 
seals,  this  day  of  ,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  . 

The  condition  of  the  above  obligation  is  such,  that 
whereas  the  said  has  obtained  from  the  agent  of 

the  United  States,  a  license,  bearing  date  the 
day  of  ,18  ,  containing  stipulations  therein 

more  particularly  described,  to  smelt  lead  ore:  now,  if 
the  said  shall  faithfully  and  fully  execute  and 

comply  with  the  terms  and  conditions  set  forth  in  said 
license,  then,  and  in  that  case,  this  obligation  to  he  void 
and  of  no  effect,  otherwise  to  remain  in  full  force  and 
virtue.  R.  c.  [l.  s.] 

Witnesses  present:  T.  B.  [l.  s.} 

J.  B.  [l.  s.] 

Form  of  a  license  for  smelting. 

This  indenture,  made  and  entered  into  this 
dav  of  ,18  ,  between  superintending 

the  United  States’ lead  mines,  acting  under  the  direction 
of  the  secretary  of  war,  of  the  first  part,  and 
of  the  second  part,  witnesseth,  that  the  said  party  of  the 
second  part,  is  hereby  permitted,  by  and  with  the  ap¬ 
probation  of  the  president  of  the  United  States,  to  pur¬ 
chase  and  smelt  lead  ore  at  the  United ,  States’ lead 
ini  ms,  on  the  Upper  Mississippi,  for  the  period  of  one 
year  from  and  after  the  date  hereof,  upon  the  follow¬ 
ing  conditions,  viz: 


APPENDIX. 


47 


l.  All  purchases,  or  other  acquisitions  of  ore,  ashes, 
gane,  or  lead,  to  be  from  persons  authorised  to  work  the 
mines,  either  as  lessees,  smelters  or  diggers;  and  from 
no  others;  and  no  ore  to  he  purchased  from  the  leased 
premises  ot  any  person,  without  his  permission. 

J  o  commence  smelting  as  soon  as  one  hundred 
thousand  pounds  of  ore  are  obtained,  and  to  continue  it 
so  long  as  any  is  on  hand;  to  weigh  a  charge  of  ore  for 
the  log  furnace, and  the  lead  produced  from  it,  when  re¬ 
quired  to  do  it  by  the  said  first  party,  or  his  assistant. 

3.  To  keep  a  hook  containing  an  accurate  account  of 
all  ore,  ashes  or  zane,  purchased,  or  otherwise  acquir¬ 
ed,  and  of  ail  lead  manufactured;  which  book  shall,  at 
nil  times,  be  open  to  the  inspection  of  the  said  first 
part),  or  his  assistant;  and  to  furnish  a  transcript  or 
return,  at  the  end  of  every  month  (agreeably  to  a  form 
to  be  tarnished  by  the  said  first  party)  which  book  and 
ieturns,  to  be  verified  on  oath,  if  required. 

4*  The  sai(J  second  party  hereby  agrees  to  pay  the 
iirst  party,  for  the  use  of  the  Ur  ited  States,  the  one- 
tenth  part  of  all  the  lead  smelted  by  him,  under  this  in¬ 
denture,  to  he  paid  monthly,  in  clean  pure  lead,  at  the 
ware  house  on  Fever  River,  or  at  such  other  place 
near  the  mines,  as  the  said  first  party  shall  direct, and 
free  of  expense  to  the  United  States.  And  the  said  se¬ 
cond  party  is  not  to  sell,  or  remove  from  the  place  s  of 
smelting,  in  any  manner  whatever,  any  lead,  until  the 
rent  has  been  paid  as  aforesaid. 

5.  The  said  second  party  is  allowed  to  have  as  much 
iuel  as  will  suffice,  without  waste,  for  the  purpose  of  this 
indenture,  and  to  cultivate  as  much  land  as  w  ill  suffice 
to  furnish  his  teams,  &ic.  w 4th  provender. 

6.  It  is  understood  and  agreed  between  the  aforesaid 
parties,  that  the  second  party  shall  not  employ,  in  any 
manner,  any  smelter,  lessee,  or  miner,  who  has  forfeited 
his  license,  lease,  or  permit  to  mine,  nor  any  other  per¬ 
son  w.;o  is  at  the  mines  without  the  authority  ofsaid  first 
party  ;  and  said  second  party  agrees  r  of  to  on, ploy  or  har¬ 
bor  the  laborers  or  workmen  ofanother  smelter. 

7*  ^  *s  further  understood  and  agreed  between  the 


4a 


APPENDIX. 


parlies,  that  all  lead  which  shall  be  made  by  the  said  se¬ 
cond  party  under  this  indenture,  shall  be  manufactured 
into  pigs  of  the  following  shape  and  weight  each,  viz: 

Sixty  days  are  allowed  after  the  expiration  of  this 
license,  to  dose  all  business  under  it:  but  it  is  under¬ 
stood  that  no  purchase,  or  hauling  of  ore,  is  to  take 
place  after  the  license  is  expired.  The  bond  given  for 
the  faithful  performance  of  the  contract  is  to  be  in  full 
force  and  virtue,  until  a  written  settlement  is  made. 

It  is  distinctly  understood  by  the  said  parties*  that, 
upon  proof  being  afforded  to  the  first  party,  that  either 
of  the  foregoing  stipulations  have  been  violated,  or  not 
com, died  with,  he  may  declare  his  indenture  null  and 
void,  and  re-enter,  and  take  possession  of  all  the  premi¬ 
ses,  as  if  no  such  agreement  existed. 

Witnesses  present:  T.  L.  [l.  s.] 

R.  C.  [fj.  s.] 

Form  of  a  bond  for  a  lease. 

Know  all  men  by  these  presents,  that  we  are 

holden,  and  stand  firmly  bound,  unto  the  United  States 
of  America,  or  their  certain  attorney,  in  the  penal  sum 
of  dollars,  current  money  of  the  said  United 

States,  well  and  truly  to  be  paid  into  their  treasury;  for 
which  payment,  well  and  truly  to  he  made,  we,  the  said 
do  jointly  and  severally  hind  ourselves,  our 
heirs, executors,  and  administrators,  and  each  and  every 
of  them,  jointly,  severally  and  firmly,  by  these  presents. 
Signed  with  our  hands,  and  sealed  with  our  seals,  this 
day  of  ,  in  the  year  of  our  Lord  one  thou¬ 

sand  eight  hundred  and 

The  condition  of  the  above  obligation  is  such,  that, 
whereas  the  said  has  obtained  from  the  United 

States,  a  lease,  bearing  date  the  day  of  , 

18  ,  of  a  certain  tract  of  land,  containing  about 

acres,  as  therein  more  particularly  described,  which  is 
supposed  to  contain  lead  ore.  Now,  if  the  said 
shall  faithfully  and  fully  execute  and  comply  with  the 


APPENDIX. 


49 


term?  and  conditions  set  forth  in  said  Lease,  then,  and 
in  that  case,  this  obligation  to  be  void  and  of  no  effect, 
otlieru  ise  to  remain  in  fail  force  and  virtue. 

Form  of  a  lease  for  mining  and  smelting  purposes. 

This  indenture,  made  and  entered  into,  this  day 

,18  ,  between  ,  of  the  army  of  the  United 

otates,  acting  under  the  direction  of  the  Hon.  Se¬ 
cretary  of  War, of  the  first  part,  and  ,  of  ,  of  the 
second  part,  Witnessed,  that  the  said  party,  of  the  first 
pari,  for  and  in  consideration  of  the  rents,  covenants, 
and  agreements  hereinafter  mentioned,  doth,  by  these 
presents,  and  by  arid  with  the  approbation  of  the  Presi¬ 
dent  of  the  United  States,  grant,  lease,  and  farm  unto 
the  said  party  of  the  second  part,  his  heirs  and  repre¬ 
sentatives,  for  the  full  term  of  three  years,  from  and  af¬ 
ter  the  date  hereof,  a  tract  of  land,  the  property  of  the 
United  States,  supposed  to  contain  a  mine  or  mines  of 
lead  ore,  according  to  the  annexed  plat  of  survey 
containing  about  acres,  to  have  and  to  hold  the 
same,  from  a  d  after  the  time  above  stated,  for  the  term 
aforesaid,  unto  the  said  party  of  the  second  part,  his 
heirs  and  representatives,  upon  the  conditions  follow¬ 
ing,  to  wit: 

1  1f1ISV  Th,at  the  said  Party  the  second  part,  here¬ 
by  binds  and  obliges  himself  to  commence  mining,  and 
(it  there  is  wood  upon  the  premises,)  manufacturing  lead 
upon  the  said  land,  within  two  months  after  the  date 
hereof,  and  to  continue  such  mining  and  manufacturing 
with  a  force  which  shall  at  no  time  he  Jess  than  twen- 
mon’  weather  and  season  permitting,  without  cessa¬ 
tion  or  intermittance.  Should  the  said  second  party 
not  have  twenty  laborers  in  his  employ,  it  is  understood 
anc  agreed,  that  any  miner  may  go  upon  the  above  pre¬ 
mises  and  work  provided  he  will  deliver  to  the  said  se- 
eo  .  pm  t>  a)  t.ie  ore  ne  may  dig,  upon,  his  paying,  or 
securing  to  be  paid,  to  him  the  usual  quantitv  of  lead 
tor  an  equivalent,)  for  each  1 000  pounds  of  ore ;  and  the 

emd  second  party  admitting  the  premises  to  he  so  occn- 
5 


APPENDIX. 


.50 

pied,  will  be  considered  the  same  as  keeping  twenty 
men  in  his  employ. 

Second.  That  the  said  party  of  the  second  part,  at 
the  end  of  every  month,  shall  pay  to  the  said  party  of 
the  first  part,  one  of  the  product  of  said  mining 

and  manufacturing  operations,  in  clean  pure  lead,  as  a 
rent,  for  the  use  of  the  United  States,  and  deposit  the 
same  in  a  store  house  near  (which  shall  he 

designated  by  the  said  first  party.)  free  of  expense  to  the 
United  States. 

Third.  The  said  party  of  the  second  part,  agrees  to 
make,  at  his  own  cost  and  expense,  all  the  necessary 
preparation  and  improvements  for  the  prosecution  and 
fulfilment  of  this  indenture  on  his  part,  tor  which  pur¬ 
pose  he  is  allowed  and  permitted  the  use  of  all  such 
stone,  wood  and  water,  as  may  be  found  upon  the  pre¬ 
mises,  and  as  may  be  required  without  waste  or  extra¬ 
vagance. 

Fourth.  It  is  agreed  and  understood  between  the  said 
parties,  that  the  second  party  shall  keep  a  book  or 
books,  in  which  he  shall  state  a  true  and  faithful  ac¬ 
count  of  all  the  mineral  and  lead  which  he  shall  raise, 
purchase  or  manufacture,  from  time  to  time,  which  said 
book  or  books  shall  always  be  open  for  the  free  inspec¬ 
tion  or  examination  of  the  said  party  of  the  first  part; 
and  the  said  second  party  agrees  to  furnish  the  said  first 
party  with  a  monthly  abstract  or  return  of  such  mining 
or  manufacturing  operations,  at  the  end  of  every  month, 
agreeably  to  a  form  to  he  furnished  by  the  first  party, 
which  shall  contain  a  list  of  all  the  miners  or  laborers 
at  vyork  at  said  mine,  and  wrhich  said  books  and  returns 
the  said  second  party  shall,  at  any  time  when  required 
by  tiie  said  first  party,  verify  on  oath  or  affirmation. 

Fifth.  It  is  further  understood  and  agreed  between 
the  said  parties,  that  the  said  party  of  the  second  part 
shall  not,  at  any  time,  nor  in  any  manner  whatever,  dis¬ 
pose  of,  or  sub-lease  the  said  land,  to  any  person  or  per¬ 
sons  whatever;  that  at  no  time,  under  any  pretext,  shall 
the  said  party,  or  any  one  by  or  under  his  authority,  con¬ 
vey  away,  or  remove  the  whole,  or  any  part  of  the  mi- 


APPENDIX. 


51 


neral,  or  lead,  from  said  laud,  or  places  of  manufacture, 
without  the  consent  and  approbation  of  the  said  party 
of  the  first  part,  until  all  arrerages  of  rent  which  shall  be 
due  and  owing  by  the  said  second  party,  shall  be  set¬ 
tled  up  and  paid. 

Sixth.  The  said  second  party  agrees  not  to  permit  any 
miner  or  laborer  to  commence  working  at  the  said  mine, 
until  he  signs  the  rules  and  regulations  thereof;  one  of 
which  shall  be,  “not  to  remove,  sell,  or  otherwise  dis¬ 
pose  of,  any  ore  or  mineral  lie  may  dig,  to  any  other 
than  the  said  second  party,”  nor  to  allow  any  person  to 
continue  working,  after  he  has  broken  said  regulation. 

Seventh.  The  said  second  party  furthermore  hereby 
agrees,  (here  insert  whatever  may  be.  agreed  upon  by 
the  parties,  in  this  place.) 

Eighth.  It  is  moreover,  further  and  explicitly  under¬ 
stood  and  agreed  between  the  said  parties,  that,  upon  the 
failure  of  the  said  party  of  the  second  part,  to  carry  into 
effect  any  part  of  this  indenture  or  agreement,  or  on  his 
no  -compliance  w  ith  any  of  its  stipulations,  the  said  first 
party  may  declare  it  void  and  forfeited,  at  his  option,  and 
re-enter  and  take  possession  of  the  premises,  as  if  no  such 
indenture  or  agreement  had  been  entered  into. 

In  testimony  wrhereof,  We,  the  said  parties  to  these 
presents,  have  hereunto  signed  our  names,  and  affixed 
our  seals,  the  day  and  year  before  written. 

Regulations  concerning  town  lots  in  Galena. 

It  having  been  requested  from  the  U.  States’  agent 
for  lead  mines,  to  grant  us  permission  to  build,  and  en¬ 
close  a  small  quantity  of  ground  for  our  convenience,  it 
has  been  granted  upon  the  following  conditions,  to  wit: 
That  we  will  not  claim  any  right,  title,  or  interest  in 
the  said  land,  other  thaa  as  tenants  at  the  will  of  the 
said  agent,  or  such  other  agent  as  may  be  appointed  for 
the  superintendence  of  the  mines;  and  we  hereby  bind, 
and  obligate  ourselves  to  quit  said  premises,  upon  one 
month’s  notice  to  that  effect  being  given  by  said  agent, 
or  other  agent;  it  heir, 2:  understood  that  those  persons 
who  have  licenses  or  leases,  are  not  included  in  this  ar~ 


APPENDIX. 


h'2 


rangemenf,  but  are  to  occupy  agreeably  'to  their  con- 
tracis.  No  transfer  of  said  grouads  or 'improvements, 
vuii  be  made  without  (be  consent  m  the  agent,  and  will 
be  subject  to  the  aforesaid  regulation.  That  wc  will  a- 
bioo  ny  ml  regulations  which  may  be  made  with  respect 
to  directions  ot  streets,  &c.  Also  to  commence  to  build 
upon  said  ground  within  sixty  days  from  the  date  of  our 
permits  to  occupy,  and  not  to  sc!!  or  transfer  the  lot,  or 
piece  of  ground,  without  consent,  and  through  the  office 
ol  t:'c  said  superintendent. 

Galena,  June,  1827. 


Permit. 

— —  is  permitted  to  occupy  lot  No.,  on  the  prai 
rie,  under  the  usual  restrictions.*  .  1 

Galena,  day  of  ?  18  . 


Note. — No  permits  are  now  granted  to  occupy  town  lots. 

Miners  have  been  permitted  to  cultivate  gardens,  upon  sifrn 
mg  the  following  conditions: 


i  oat  we  will  not  claim  any  right,  title,  or  interest  in 
the  said  land,  other  than  as  tenants  at  the  will  of  said 
agent,  or  such  other  agent  as  may  be  appointed  for  the 
superintendence  of  the  mines;  a nd  jy tfTieF^by. bind  and 
o el i gate  ourselves  to  quit  said  premises  upon  one 
monin's  notice  to  that  effect,  being  given  by  said  agent, 
fc  being  unde  s  stood,  tuat  those  persons',  who  have  licen¬ 
ses  or  leases,  aie  not- included  in  this  arrangement,  but 
are  Jo  occupy  agreeably  to  their  contracts. 

No  transfer  of  said  ground,  or  improvements,  will  be 
made  without,  the  consent  of  the  agent,  ami  will  he  sub¬ 
ject  to  the  aforesaid  regulation. 

Note.— No  permits  are  given,  or  grants  made  for  farming 
purposes.  *  ® 


* 7°  comnience  building  within  sixty  days,  to  deliver  up  pos¬ 
session  upon  days. notice,  and  not  to  transfer,  without  per¬ 
mission  of  the  superintendent.  ‘  1 


INDEX. 


Page, 

2© 

21 

141? 

33 


.ACCOUNT 

O t  notice  of  auditors,  to  the  parties 
Report  of  auditors 

ACKNOWLEDGEMENT  OF  DEEDS,  &c. 

See  appendix 

AGREEMENTS  &  CO-PARTNERSHIPS— Articles  of  154 

AD  QUOD  DAMNUM— Writ  of  113 

Notice  to  owner  of  opposite  land  114 

Oath  of  jury,  inquisition,  &  notice  thereof  114-15 
ADMINISTRATION — Letters  of,  to  collect  126 

Letters  of,  and  testamentary  128-P 

AD  MINISTRATOR — (See  Executor) 

AFFIDAVITS 

By  creditor,  to  obtain  dom.  &for.  attachments 
Bo  require  defendant  to  give  special  bail 
Of  non-residence  of  defendant,  in  chancery 
To  be  admitted  to  sue  as  a  poor  person 
For  continuance 
For  capias  in  detinue 

To  obtain  writ  of  hab.  corp.  ad  testificandum 
Of  witnesses  to  obtain  fees 

To  obtain  attachment  from  J.  P. 

APPEALS 

Supersedeas  to  justice,  &  c.  on  execution  of  bond  96 
ADMISSION  OF  ATTORNEYS  AT  LAW 
License,  oath,  &c. 

ADV  E  lx  I  ICEMEN T — To  the  public 
Certificate  of,  by  printer 
Of  estrays,  by  clerk  of  county  court 
APPRAISERS — Of  deceased’s  estate,  and  oath 
Of  estrays— (See  Estray) 

APPRENTICESHIP 

Indenture  of,  with  consent  of  father,  &c. 

Do.  by  judge  of  probate 
6 


33 
42 
49 

55 

56 
66 
79 
98 

146 


1 

5} 

■  22 
113 
131-2 


132 

13.3 


ARBITRATIONS  AND  REFERENCES  ^ 
Submission,  to  be  made  rule  Sfcpurt 
Bond  and  award 


Umpirage  and  general  release 
Notice  to  adverse  party 
ASSUMPSIT — Summons  in  an  action  of 
ATTACHMENTS — W  rit  of  in  Circuit  court 
Notice  to  be  published 
Against  person  for  disobeying  decree 
Do.  witness  for  contempt 
To  compel  production  of  will 
By  justice,  for  juror  or  witness 
Writ  of,  by  justice,  in  debt 
ATTORNEY-— Power  of 

Warrant  of,  to  defend  a  suit 
(See  appendix) 

BAIL — Bond  in  civil  and  criminal  actions 
Recognizance  of,  in  do. 

Scire  facias  against  / 

Special,  on  capias  from  justice 
Summons  vs.,  from  justice 
BILL  OF  EXCEPTIONS— Forrti  of 
BILLS  OF  EXCHANGE  ■ 

BILL  OF  SALE 

BONDS — Upon  appeals^  from  circUitto  snpr 
Do.  from  court  of  probate  to  cir  * 
Do.  from  J.  P.  in  civil  ^rimiuai 
case  of  trial  of  right  <pf  property 
U{)on  arbitration  '* 

Do.  attacb,.ments./:-\;,  -  .  \ 

Forthcomi ng  and  replevy 
Upon  spccitu  bail  in  civil  actions 
To  replevy  fine  and  costs 
Of  clerk  of  circuit  court 
For /costs  in  do.  W 
In  case  of  certiorari 
Taken  of  defendant  in  detinue 
'■  Given  in  behalf  ofapptjfca 
To  obtaio  injuticfio  A^tay 
Do.  do. 


28 

35 

36—7—94 

43 

46 

\  54 

55 
59 


67 

ritof  hab.ebrp.  77 

eedirigsatlaw  80 
&c.  f  "  82 


>.  to tym  wasteJatstoi 

Gi ver\fcr comyltiWCm  to  qtftain  writ  of  ne  exeat  87 
Given*  to  -sheriff  by  defendant,  on  the  above  88 


INDEX. 


ltfDEX. 


•  ,  *  i 

B  O  N  D  S — Continued. 

In  replevin,  bv  plaintiff  to  sheriff 
By  person  intending  to  move  to  quash  fee  bill 


1  17 

1 25-G — 130-1 
127 


to  clerk 
supreme  court 


Given  by  free  negro 
Oi  executor  or  administrator 
Of  public  administrator 
.  Of  guardian 

:  For  costs,  before  justice 
CARTAS — Writ  of,  in  detinue, 

Ad  respondendum  fn  debt 
In  criminal  cases,  in  circuit  court 
Ad  satisfaciendum 
.  Pro  fine 

Ad  respondendum  fromljustice 
Ad  satisfaciendum  frorrido, 

CERTIFICATE — Of  redemption  of  land  sold  for  taxes 
Of  magistracy,  by  clerk! 

Of  county  commissioners 
CERTIORARI— Writ  of,  in  the 
Do.  in  circuit  couqt 

Do.  when  part  of  the  papers  only,  are  sent  up  ^ 
C  LE  R  K  O F  C IllG  UIT  CO  U IfT  1 

Outn  of.  to  be  taken,  a^d  bond  given  53—4 

CH  ANCERY— Form  of  subp«^W,a6d  publication  43-9 
Decree  or  bill,  answer,  &£.  50 

.(Xder  to  defendant  io prepare  a  decree 
Writ  of  at(achmw/1ri,  for  disob( 

Process  of ’stHhu&si ration  in  eo 

CONSTABLES—  Rpfurns  and  notices  it  <  7 

affidavit  for) 

(  '■  v py  l<Un®*  ,  ‘V  a£t'0^Goi!n4’  coiri'  court  112 

>  ’ r  i  rrvr  n »  ,  ».  lu5 

i  Uy'  f^r^ecured 

ue  s  *  °b  &c- 

*  for,  to  be  given 

JVi i, si — Circuit 
*f)i  county  commissioners 
Of  probate 
Supreme 

^  *  V‘,  — Assessment  of,  by  clerk 

n(?n..',l'i;  °j  erifIulrv  of;  afterjudgment 
P,r3^.  — Insolvent.  dlseharg^f 

ortnr\^rF^rm  of’  ‘  i!i  aud  a‘-8'r<* 

^i‘VUl!V  Vr  commission,  in  circuit  court 


^obeying  decree 


V 


57 


9 


30 


* 


4 


INDEX 


•PAGE. 

DEDIMUS — Continued. 

By  judge  of  probate  122 

DEEDS — Acknowledgment  of,  before  J.  P.  141 

Of  sheriff  151 

Of  conveyance  and  quitclaim  155-6 

Of  trust  and  trustees’ deed  157-8 

D  l  POSITIONS' — Notices  of,  to  adverse  party  61 

Form  of,  certified  65 

DEFEASANCE  160 

DETIN  UE — Affidavit  and  capias,  ia  66 

Bond  from  defendant  in,  to  sheriff  67 

DOWER — Summons  vs.  defendant,  on  petition  of  widow  68 
Notice  to  be  published  vs.  non-resident  def’ts  69 
Oath  of  commissioners,  to  assign  dower  70 

DUE-BILL  164 

EJECTMENT — -Proceedings  in  an  action  of  trespass  and  72 
Rule  of  court  thereon  74 

Habere  facias  possessionem,  w  ith  li.  fa.  fee*  75 
ENTRY  &  DETAINER— (See  Forcible  Entry,  &c.) 

Notice,  &c.  and  complaint,  &c.  '  142-3 

ERROR- — Writ  of  10 

Return  to  writ,  by  clerk  of  circuit  court  1 1 

Subpoena  therein  w 

Returns  thereto,  by  sheriff  12-13 

Assignment  of,  in  supreme  court  15 

ESCAPE— Form  of  warrant  99 

ESTRAYS — Advertisement  of,  &c.  _  113 

Appraisement  of,  &c.  145 

EXCEPTIONS— Bill  of  76 

EXCHANGE— Bills  of  162-3 

EXECUTION— (See  Sp.  Writs  &  Executions)  98-102-3, 4,  5 
Writ  of,  onjudgm’tof  conviction — capital  pun.  106 
EXHONERETUR — Form  of,  in  circuit  court  48 

EXECUTOR,  &c.— Oath  of,  and  bond  124-5 

Ne  w  bond  of,  or  of  administrator  131 

FEES — Of  witnesses,  affidavit  to  obtain  98 

FIERI  FACIAS— Execution  102 

Against  administrators  de  bonis  testatoris 
Do.  principal  &  bail  on  recognizance  for  fine  103 
For  fine  and  costs- in  criminal  cases 
For  costs  in  civil  cases  104 

For  residue,  on  venditioni  exponas  105 

From  justice  of  peace  ,  139 


INDEX.  5 

PAGE. 

FORCIBLE  ENTRY  AND  DETAINER 

(See  justices  of  peace.)  142 

FORTH  COMING  BOND-— (See  bonds) 

F  U  G  i T I V  ES  F ROM  JUSTICE 

Executive  of  another  state  demanding  fugi-) 
live,  Sic.  (Sec  appendix)  $ 

Agent  appointed  to  receive  Si  transport  fu-)  0 

gitive,  Sic.  ”  $ 

FUGITIVES  FROM  SERVICE 

Person  held  to  service,  escaping  into  ano¬ 
ther  state,  to  be  delivered  up  to  claim¬ 
ant.  (See  appendix) 

Liability  for  obstructing  claimant  in  seizing 
fugitive 

Proof  necessary  for  justice  to  issue  warrant) 
upon  ) 

Affidavit  do.  to  prevent  imposition 
Warrant  to  claimant  to  remove  fugitive 
GU  A  EDI  A N— Bond  of 

Letters  of  guardianship 

GALENA — Regulations  of  town  lots.  (See  appendix)  . 
HABERE  FACIAS  SEISINAM 
HABEAS  CORPUS — Writ  of,  issued  in  term  time 
Issued  in  vacation 
Bond,  given  in  behalf  of  applicant 
Writ  of,  testificandum 
INQUISITION — Ofjury,  under  writ  of  ad  quod 
IN  ERROGA  TORIES — Form  of,  to  be  put  to  witness 
INJUNCTION — Writ  of,  to  stay  proceedings,  and  bond 
Do.  to  stay  waste,  trespass.  Sic. 

INDENTURE  OF  APPRENTICESHIP 

Of  minor,  by  consent  of,  Sic.  1 32 

Bv  judge  of  probate,  Sic.  to  learn  trade  133 

J  URIESAN  D  J  U  EORS— Oath  of  grand  jurors,  &c.  82-3 

Summons  vs.  juror,  for  failing  to  attend  85 

Oath  and  inquisition  of,  upon  writ  of  ad  quod  1 14 
Jury  warrant  1 15 

JUDGE  OF  PROBATE— (See  court  of  probate) 

JUS!  ICES  OF  THE  PEACE 

Summons  and  capias  from,  in  civi!  cases  137 

Subpoena,  and  subpoena  duces  tecum  138 

>  6* 


CC) 

o  ~ 


I 


V, 


- — r  1 r  -■ 


INDEX, 


PAGE, 


138 

1 39 
’>•) 


140 

5? 


141 

142 


5) 


JL’Sl  WES  OF  T,TE  PEACE — Continued. 

Venire  for  ,u  rv 

Atiaci  meat  for  juror  or  witness 
Fieri  facias 

Oath  to  procure  ca.  sa. 

Writ  of  ca,  sa. 

Summons  vs.  bail 

Frool  of  a  deed,  and  acknowledgment 
b  orcible  entry  and  detainer 
.Notice  to  person  in  possession 
Complaint,  &c. 

Summons  to  defendant,  oath  of  jury  and 
judgment 

Proceedings  on  attachment  before  146 

.  Do,  against  runaway  slaves  147 

Criminal  proceedings  before  148-9 — 150 

Jurisdiction  of,  under  the  laws  of  the  Unit-) 
ed  States  (see  appendix) \ 

Act  of  Congress,  Sept.  1789 
Warrant  to  apprehend  offenders 
Subpoena  for  wi  l  ness 
Recognizance  of  bail.  Do.  witness  ” 

Mittimus  to  jailer  ” 

■^AN  D- — Certificate  of  redemption  of  land  sold  for  taxes 

LEASE — Form  of 

See  mining  regulations — (appendix) 

LETTERS  OF  ADMINISTRATION — To  collect 
TESTAMENTARY 
OF  GUARDIANSHIP 
LIC  ENSE — Of  attorney  at  law 
For  marriage 

To  smelters  (see  appendix) 

LOST  CERTIFICATE 

Advertisement  of,  and  deposition 
LOTS — Regulations  concerning,  in  Galena 
M  •  N  D  AM  US — Writ  of,  and  return 
MA  KRIAGE — License  for 
MF,  ASU  RES— (See  weights  and  measures) 

MINORS — Notice  to,  by  judge  of  probate 
MITTIMUS — In  the  circuit  court 

From  justice,  i  t  criminal  cases 
Do.  under  the  laws  of  the  U.  S. — (appendix) 


5? 

?? 

5? 


34 
'  36 
37 
37-9 
40 
116 
160 
49 
126 
128 
136 


116 

46 


41 

51-2 

16-17 

115 


135 

107 

149 

40 


-stf 


MORTG  AGES 


156 


? 


INDEX. 


•  PAGE. 

NATURALIZATION  (see  appendix 

Power  of  congress  to  establish  uniform  rule  of  6 
Conditions  on  v\  ,ie  <  mi*  or  alien  is  admin-  d  7 
Alien  dying  before  uuiuraiization,  widow-)  „ 
and  children  of,  considered  citizens  \ 
Oath'&c.  ol  alien — live  years  residence  required  8 
Additional  oath — declaration  dispensed)  „ 
with,  and  proof  J 

Children  of  naturalized  persons,  citizens  9 

Residence  required  in  1 795,  &  declaratory  oath  10 
Declaration — and  oath  of  naturalization  "  11-12 
Affidavit  of  witness  to  prove  residence  13 


Order  of  court  admitting  alien  ” 

Affidavit  on  previous  declaration  14 

Certificate  of  naturalization  15 

Do.  of  judge  of  court  ]  9 

SE  EXEAT  RESPUBLICA— Writ  of  86 

Bond  given  by  complainant  87 

Do,  to  sheriff,  by  defendant  88 


testament 


NEGRO,  FREE — Bond  to  be  given  by 
NOTARY  PUBLIC — Protest  of 
NOTICES — By  auditors,  to  parties  litigant 

To  be  served  on  adverse  party  in  circuit  court 
To  be  published  in  case  of  domestic  attachm't 
Publication  of,  vs.  defendant  in  chancery 
To  take  depositions 

Publication  of,  when  def’t  resides  out  of  county 
To  owners  of  opposite  land,  on  writ  of  ad  quod  1 1 4 
Same  after  inquisition 
To  heirs,  &c.  of  issuing  letter 

tary  on  nuncupative  will  i 

To  be  given  on  qualification  o'f  executors,  &c. 

To  minors,  by  judge  of  probate 
NOTES — Promissory,  with  and  without  seal,  See. 

©ATHS — Of  attorneys  at  law 

Of  clerk  of  circuit  court 
Of  commissioners  to  make  assignment  of  dower  70 
Of  grand  and  petit  jurofs  •/  82-3 

Of  jury  upon  writ  of  ad  quod  damnum  1 14 

Of  executor  or  administrator  1 24 

Of  administrator  to  collect  127 


117 

163 

20 

32 

38 

49 

61 

69 


115 

123 

132 

135 

164 

6 

53 


T 


IX  D  EX. 


j?AO£« 

O  A  T  HS — Continued . 

Oi  public  administrator  127 

Of  appraisers  of  estate  of  deceased  1 32 

To-  procu  re  ca.  sa.  from  j ustice  1 39 

Of  jury, in  forcible  entry  and  detainer  144 

Of  taker  up  of  estray,  before  j  ustice  *  145 

ORDERS — Of  publication  to  nou-resident  defendant  49 

Directing  a  defendant  to  prepare  a  decree  51 
On  affidavit to  beadmitledtosueasa  poorperson  56 
A ppointingagkof county  court, tobuild jail Sic.  1 12 
PARTITION  OF  LANDS — Sum.  vs.  joint  tenants,  &c.  90 

Report  of  commissioners  appointed  to  make  91 
PENSIONS  FOR  REVOLUTIONARY  SERVICES 

(See  appendix) 
20. 
22 


Original  ciaim- 


5  5 
55 


-declaration- 

Proof  of  service  and  discharge 
Schedule  and  value  of  property — certifi¬ 
cate  of  clerk 

Certificate  of  judge  of  court 
Notes  on  requisites  for  making  out  decla¬ 
ration,  &c. 

Statement  where  change  is  made 
Proceedings  where  property  has  been  sold 
by  execution 

Person  unable  to  attend  court,  take  oath 
before  judge,  Sic. 

Pay  of  pensioners  per  month 
PENSIONERS  OE  ARMY  AND  NAVY,  IN  LATE  WAR. 

(See  appendix.) 

Declaration,  proof  of  service  &  disabilities  *’  29-30 
Certificate  of  surgeons  Si  rate  of  disability 
Instructions,  Sic.  how  to  proceed 
Power  of  attorney,  Sic.  to  receive  pension  ” 

PLE  A— Of  interpleader  and  replication  thereto 
PERMITS 

To  mine — occupy  town  lots — cultiv 

gardens — (appendix) 

POOR  PERSON — Affidavit  of,  to  be  admitted  to  sue  as  such  55 
POWER  OF  ATTORNEY— To  collect,  &c.  161 


55 


55 


55 


55 


55 


55 


55 


23 


24 

25 


26 


55 


27 


QO 

40 


55 

55 


fivatej 


31 

32 

33 
40 


45-52 


To  defend  suit 

To  receive  pension — (see  appendix) 
To  relinquish  lands 


162 

33 

41 


LYDEX.  & 

PAGE-. 

PROCEDENDO— Writ  of  89 

PROTEST — Of  notary  public  163 

PUBLIC  ADMINISTRATOR— Oath  and  bond  of  127 
PUBLICATION — Order  of,  in  case  offoreign  attachm’t  39 
Do.  notice  to  non-resident  defenTt  in  chancery  49 


QUIETUS — To  sheriff  from  county  treasi 
QUIT  CLAIM— Deed  of  f 

RECOGNIZANCE — In  cases  of  special  bail 
To  replevy  tine,  &c.  after  judgment 
Taken  by  justice,  of  criminal  < 

RECORDER-*-Endorsement  of  certificate  ofr&eordino- 
REGULATIONS  FOB  MINERS,  &<?.— (Sa&endix) 
Permit  to  mine  fv  ” 

Smelter’s  bond  and  license  \  T 
Bond  for  a  lease — and  lease  ” 

Concerning  town  lots  in  Galena  ■” 

RE  LEA  SE — G  e  t)  e  r  al — (  see  arbitrations,  &C.T 
RENUNCIATION— Of  widow 
REPLEVIN — Writ  of,  and  writ 
Bond  given  by  plaintiff,  and 
Writ  of  retorno  habendo 
REPLEVY  BONDS— Or  forthcoming 

Given  before  moving  to  quash  fee  bill 
REPORTS— (see  account) 

Of  commissioners  to  assign  dormer 
Of  do.  to  make  partition  of  land 
RESTITUTION — Writ  of,  withfi.  fa.  in  circuit  court 
Do.  by  j  ustice  of  peace 
R!/I  URNS — (see  sheriffs  and  constables) 

RULES  OF  PRACTICE— In  the  sup.  court,  &  motions 
Supersedeas,  writs  of  error,  process,  Slc, 
Docketing  suits  for  hearing,  &  assignm’t  of  error  3 
Rehearing  o 

SALE— Bill  of  lcj 

SCIRE  FATTAS — Against  a  garnishee  41 

Against  bail,  in  criminal  cases  47 

To  revive  a  judgment  after  a  year,  Szc .  97 

SCHEDULE — Of  justice,  to  writ  of  certiorari 
SEQUESTRATION — (see  chancery) 

SHERIFFS — Returns  of 

Notice  of  sale  by,  under  execution 
Certificate  of  purchase,  and  deed,  by 
SL \\  ES — Runaway,  proceedings  against 
S UBAI ISSION S — (see  arbitrations) 


116 

156 
44-5 

46 

149 

157 

45 

46 

48-9 

51-2 

27-31 

127 

92 
» 

93 

94 

95 

7§ 

91 

18 

145 

6 
7 


58 

108-9-10-11 

151 

5? 

147 


* 


f  ,  ’•  ^  -  ,,  '  i  '  / 

<10  f  .  .I.\1)£X 

‘  PAGE. 

SUBPOENA — Against  defendant  in  error  ,  11 

For  witness  to  appear  and  give  deposition  63 

Do.  do.  at  circuit  court  100 

Duces  tecum  101-138 

138 


t 


For  witness,,  by  justice  of  the  peace 
SUMMONS 

.  Against,  defendant,  on  petition  for  assign 
ment  of  dower  * 

Original  writ  of,  in  ejectment 
Against  a  juror  for  failing  to  attend 
Against  joint  tenants,  &c. 

Or  writ  of  replevin 
In  an  action  of  assumpsit 
By  justice  of  peace,  in  civil  cases 
To  appraisers  of  estrays 
SUPERSEDEAS— To  issue  to-jnstipe,  &c.  in  appeals 
TAXES — Certificate  of  redemption  for 
TRUSTEE’S  DEED 
UMPIRAGE — -(see  arbitrations „  &c.) 

VENDITIONI  EXPONAS — Execution  for  part,  &  fi,  fa.  105 
VENIRE  FACIAS— In  circuit  court 
From  justice  of  the  peace 
VERDICT— Special,  form  of 
IV  AREA  NTS— -Escape  warrant 

ii  justice,  to  apprehend  offenders 


68 

72 

85 

90 

92 

10© 

137 

145 

90 

116 

158 


Search  warrant 


02 

UkJ 


138 

85 

99 

148 

150 

182 

118 


Of  attorney,  to  do  fend  a  suit 
WEIGHTS  AND  MEASURES 
WILLS 

Form  of,  and  proof  119-20-21 

Subpoena  for  witness,  to  prove  dedimus  to)  ,  Q 
take  deposition  j 

Noncupative,  notice  of,  to  heirs,  Sic,  1 23 

Attachment  to  compel  production  of 
WITNESSES — Fees  of — affidavit  to  obtain 


22-3 


124 

Of 


